IN THE CASE OF:	  

		BOARD DATE:	         10 MARCH 2009

		DOCKET NUMBER:  AR20080019229 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal and the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was awarded the Combat Infantryman Badge in Vietnam in July 1966 and that he received the Army Commendation Medal in May 1967.  He also points out that his military records show he was in a reconnaissance platoon from 16 April 1966 to 26 July 1966.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record), U.S. Army Reserve discharge orders, a citation and award certificate for the Army Commendation Medal, a photograph depicting a Soldier receiving an award, and 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 1 October 1965 for a period of 3 years.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 14 April 1966.  He served in MOS 11B assigned to Headquarters and Headquarters Company, 2d Battalion (Airborne), 503d Infantry, in Vietnam from 16 April 1966 until he was hospitalized on 26 July 1966.  He served in MOS 95B (military policeman) assigned to Headquarters and Headquarters Company, 173d Airborne Brigade (Separate), in Vietnam from 12 October 1966 through 7 April 1967.  On 30 September 1968, the applicant was released from active duty in the temporary rank of sergeant after completing 3 years of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.

4.  Headquarters, 173d Airborne Brigade (Separate), General Orders Number 797, dated 8 May 1967, show the applicant received the Army Commendation Medal for meritorious service for the period 6 October 1966 to 14 April 1967.

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

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows Headquarters and Headquarters Company, 2d Battalion, 503d Infantry, is authorized award of the Meritorious Unit Commendation for actions during the period 5 May 1965 to 4 May 1967 based on Department of the Army General Orders Number 48, dated 1968.

8.  Department of the Army Pamphlet 672-3 shows Headquarters and Headquarters Company, 2d Battalion, 503rd Infantry, is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.
9.  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.  Additionally Appendix V of U.S. Army Vietnam Regulation 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Army Commendation Medal.

2.  The evidence of record shows the applicant held an infantry MOS and that he was assigned to Headquarters and Headquarters Company, 2d Battalion, 503d Infantry during his assignment in Vietnam.  However, there are no orders for the Combat Infantryman Badge and there is no evidence of record which shows he 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.

3.  The applicant was separated in the temporary rank of sergeant with 3 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 1 October 1965 through 30 September 1968 based on completion of a period of qualifying service of 3 years.  Therefore, his records should be corrected to show this award.

4.  Headquarters and Headquarters Company, 2d Battalion, 503d Infantry, was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was assigned to it.

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:

	a.  awarding him the first award of the Army Good Conduct Medal for the period 1 October 1965 through 30 September 1968; and 

	b.  adding the Army Commendation Medal, the Army Good Conduct Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 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)                                         AR20080019229



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ABCMR Record of Proceedings (cont)                                         AR20080019229



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