IN THE CASE OF:	  

		BOARD DATE:	       3 February 2009

		DOCKET NUMBER:  AR20080017864 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show the Combat Infantryman Badge and the Bronze Star Medal. 

2.  The applicant states that these medals are not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 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 enlisted in the Regular Army on 9 May 1969 for a period of 
2 years.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 23 October 1969.  He served in MOS 11B while assigned to Headquarters and Headquarters Detachment, 75th Support Battalion, 1st Infantry Brigade of the 5th Infantry Division in Vietnam from 28 October 1969 through 3 January 1970.  He served in MOS 11B while assigned to Company C, 1st Battalion, 61st Infantry, 1st Infantry Brigade of the 5th Infantry Division in Vietnam from 4 January 1970 through 28 February 1970.  He served in MOS 11B while assigned to Headquarters and Headquarters Company, 1st Battalion, 61st Infantry, 1st Infantry Brigade of the 5th Infantry Division in Vietnam from 1 March 1970 through 30 April 1970.  He served in MOS 11B while assigned to Company A, 1st Battalion, 61st Infantry, 1st Infantry Brigade of the 5th Infantry Division  in Vietnam from 1 May 1970 through 
17 October 1970.  On 11 June 1971, he was released from active duty.  

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, two awards of the Overseas Service Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16), and the Third Class Gunner Badge with M60 Bar as authorized awards.   

4.  There are no orders for the Combat Infantryman Badge in the available records.

5.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) General Orders Number 1804, dated 4 October 19702, show the applicant received the Bronze Star Medal.

6.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

7.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

8.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases during the Vietnam era that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Although the evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam, there are no orders for the Combat Infantryman Badge.  In addition, there is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  Orders show the applicant received the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this medal

3.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

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 adding the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214.

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.  




      _______ _  xxx _______   ___
               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)                                         AR20080017864





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ABCMR Record of Proceedings (cont)                                         AR20080017864



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