IN THE CASE OF:	  

		BOARD DATE:	  	  3 February 2009

		DOCKET NUMBER:  AR20080017304 


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, in effect, that his Combat Infantryman Badge (CIB) for his service in Vietnam be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that his DD Form 214 is void of his CIB.  He believes that there was an error when he was out processing at Fort Lewis, Washington.

3.  The applicant provides no additional documents in support of his application.

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's military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available military record shows that he was inducted into the Army and entered active duty on 19 July 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), and sergeant pay grade E-5 (temporary) was the highest rank he held while serving on active duty.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 4 March 1968 through 3 March 1969.  Item 38 (Record of Assignments) shows that during his Vietnam service he performed the duties of an Infantryman, MOS 11B.
5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards during his active duty tenure:  the Bronze Star Medal, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge (M60), the Sharpshooter Marksmanship Qualification Badge (M-16), the Parachutist Badge, the Vietnam Campaign Medal, the Vietnam Service Medal, the Air Medal, and the Overseas Service Bar.

6.  The applicant's Military Personnel Records Jacket is void of any orders that indicate the applicant was awarded the CIB by proper authority while serving on active duty.  However, item 41 of his DA Form 20 shows the CIB was awarded on special orders issued by the 173d Airborne Brigade.

7.  On 4 March 1969, the applicant was honorably separated after completing 1 year, 7 months, and 16 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  the National Defense Service Medal, the Good Conduct Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Bronze Star Medal, the Parachutist Badge, the Air Medal, the Sharpshooter Marksmanship Qualification Badge (M-14 and M-16), the Expert Marksmanship Qualification Badge (M-60), and two Overseas Service Bars.  The CIB is not included in the list of awards contained in item 24.

8.  A search of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce orders pertaining to an award of the Combat Infantryman Badge to the applicant during the period of his service in Vietnam.

9.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

10.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge to the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted Soldiers who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the Republic of Vietnam campaigns.  During the applicant's tour of duty in the Republic of Vietnam, credit was awarded for participation in the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69 Counteroffensive 1969 campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign; a silver star is worn in lieu of five bronze service stars.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company D, 3d Battery, 503d Infantry, 173d Airborne Brigade, Republic of Vietnam, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This document also shows, at the time of the applicant’s assignment, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the CIB and it was erroneously omitted from the list of awards contained in item 24 of his DD Form 214 was carefully considered and found to have merit.  The available evidence of record confirms the applicant held and served in an infantry MOS in a qualifying infantry unit.  Further, the applicant's DA Form 20 also annotates the CIB in item 41 as an award he was entitled to receive.  Therefore, in view of all of the foregoing, the applicant is entitled to correction of his records to show award of the CIB.

2.  The applicant's records show that he was awarded the Vietnam Service Medal.  A bronze service star is authorized for the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69 Counteroffensive 1969.  Therefore, the applicant is entitled to correction of his records to show the Vietnam Service Medal with one silver service star.

3.  The evidence of record also confirms that based on his service in the Republic of Vietnam, he is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the already-awarded Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star to be affixed to his already-awarded Vietnam Service Medal, and by providing him a correction to his separation document that includes these changes.



      ___________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)                                         AR20080017304



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ABCMR Record of Proceedings (cont)                                         AR20080017304



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