IN THE CASE OF:	

		BOARD DATE:	  15 January 2009

		DOCKET NUMBER:  AR20080016746 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the Army Good Conduct Medal and Combat Infantryman Badge be added to his separation document.  He also asks that the Taiwan Parachutist Badge, Vietnam Cambodia Service Medal, Combat Action Ribbon, Army Presidential Unit Citation, Combat Jump Cambodia, Dominican Republic Combat Jump, and qualification as an expert with the M16, heavy weapons, and mortar be added to his separation document.

2.  The applicant also notes that his hearing loss is not reflected on his DA (Department of the Army) Form 1811 (Physical and Mental Status on Release from Active Service) in spite of the fact he had previously sustained hearing loss when his ear drum burst on two occasions while in the Army.

3.  The applicant states he has orders for the Army Good Conduct Medal and the Combat Infantryman Badge but no longer has documents supporting any of the other awards, decorations, and badges he is asking for.  He believes the awards and the entry on his DA Form 1811 were overlooked.

4.  The applicant provides copies of orders issued in 1965 awarding him the Combat Infantryman Badge and the Army Good Conduct Medal.  He submits a copy of his 1965 DA Form 1811 and a hearing test from 1966 indicating he had moderate hearing loss.  He also submits copies of his honorable discharge from the United States Army Reserve in 1968.



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted and entered active duty for a period of three years on 20 July 1962.  His enlistment physical examination, completed on 10 July 1962 notes a hearing loss which was not significant enough to preclude the applicant from enlisting nor issuance of a physical profile.  

3.  While undergoing training, the applicant qualified as an expert with the mortar and was awarded the associated badge and component bar (Expert Marksmanship Qualification Badge with Mortar Bar).

4.  Following completion of training as a Heavy Weapons Infantryman and airborne training, the applicant was reassigned to the 503rd Infantry Brigade in Okinawa.  His DA Form 24 (Service Records) indicates he departed Travis Air Force Base enroute to Kadena Air Force Base (Okinawa) on 19 February 1963 arriving in Okinawa on the 21st of February.

5.  While in Okinawa, the applicant qualified as a sharpshooter with the M-14 rifle and was awarded the associated badge and component bar (Sharpshooter Marksmanship Qualification Badge with Rifle Bar).

6.  The applicant departed Kadena Air Force Base on 9 August 1964 arriving at Travis Air Force Base that same day.  There is no indication in available records, or provided by the applicant, that he performed duties outside of Okinawa while overseas.

7.  Following the applicant's return to the United States in August 1964 he was assigned to the 82nd Airborne Division at Fort Bragg.  He underwent an 



audiology test on 2 October 1964 which noted a hearing deficiency but which did not result in issuance of a physical profile.  The test also did not attribute the hearing loss to any specific incident.

8.  Orders issued at Fort Bragg on 10 March 1965 awarded the applicant the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

9.  On 11 June 1965 the applicant was awarded the Army Good Conduct Medal for the period 20 July 1962 to DOSOA (date of separation on or about) 19 July 1965.

10.  On 6 July 1965 the applicant underwent a physical examination in preparation for his separation.  His minor hearing deficiency was noted but he was found fully qualified for separation with no limiting physical profile.  The applicant's DA Form 1811 merely noted the applicant was considered physically qualified for separation or re-enlistment and recorded his physical profile at the time of separation.  

11.  The applicant was released from active duty on 19 July 1965 with an honorable characterization of service and transferred to the United States Army Reserve to complete his statutory service obligation.  Item 26 (Decorations, Medals, Badges, Commendations, Citation and Campaign Ribbons awarded or authorized) reflect only the applicant's Parachutist Badge which was awarded following completion of airborne training in 1963.

12.  On 10 September 1965, more than a year after the applicant returned from overseas and nearly two months after his release from active duty, Headquarters 82nd Airborne Division, Fort Bragg issued Special Orders Number 214 awarding the applicant the Combat Infantryman Badge.  The basis for that award, according to the orders, was Army Regulation 672-5-1 which outlined the policies and procedures for military decorations at the time.

13.  Based on documents submitted by the applicant, it appears he underwent another audiology test in June 1966 which again noted his moderate haring loss. 

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty 




(MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

15.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

16.  Army Regulation 600-8-22 provides, in pertinent part, that foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned for the specific award.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

18.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates the 503rd Infantry did not commence receiving awards associated with service in Vietnam until 1965.  The 1st Battalion was awarded a Presidential Unit Citation for service on 8 November 1965 while other elements of the 503rd Infantry received Presidential Unit Citations for service in 1966 and 1967.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Mortar Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Automatic Rifle Bar.  His records should be corrected accordingly.



2.  Although the applicant submits an order indicating he was awarded the Combat Infantryman Badge, there is nothing in his file or provided by him which corroborates that he met requirements for award of that badge.  There is no evidence in available records, nor submitted by the applicant, which confirms he ever participated in any active ground combat.  In the absence of such evidence, the copy of the order submitted by the applicant is insufficient to confirm entitlement to the Combat Infantryman Badge.  The applicant is advised, however, that if he is able to secure evidence which corroborates entitlement to the Combat Infantryman Badge he may request that the Board reconsider that portion of his application.

3.  Additionally, there is no evidence which confirms the applicant is entitled to any other awards, decorations, or badges, including the Taiwan Parachutist Badge, Vietnam Cambodia Service Medal, Combat Action Ribbon, Army Presidential Unit Citation, Combat Jump Cambodia, or Dominican Republic Combat Jump.

4.  The DA Form 1811 merely records an individual's physical condition at the time of separation and confirms that the individual is physically qualified for separation or reenlistment.  The form was not intended to recap a Soldier's medical treatment.  As such, there is no basis to note the applicant's hearing condition on this form.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 26 on his 1965 separation document that he was awarded the Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Mortar Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Infantryman Badge, the Taiwan Parachutist Badge, Vietnam Cambodia Service Medal, Combat Action Ribbon, Army Presidential Unit Citation, Combat Jump Cambodia, Dominican Republic Combat Jump, or an expert marksmanship qualification badge for heavy weapons or pertains to indicating his hearing loss on his DA Form 1811.




      _______ _  X _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080016746





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ABCMR Record of Proceedings (cont)                                         AR20080016746



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