DOCKET NUMBER:  AR20090000295 


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 he be awarded the Combat Infantryman Badge and the Good Conduct Medal and that they 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 he was deployed to Vietnam with the 1st Infantry Division from January 1969 to January 1970 in hostile combat situations.  His military occupational specialty (MOS) was 63C but he also manned a .50 caliber machine gun during hostile actions.  He was not aware he deserved the Combat Infantryman Badge until he went to the Department of Veterans Affairs (VA) Vet Center.

3.  In support of his request, the applicant provides those documents he listed on his DD Form 149 (Application for Correction of Military Record).

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 records show he was inducted into the Army of the United States in the rank and pay grade of Private, E-1, and entered active duty on 12 January 1968.  On completion of his basic combat and his advanced individual training, he was awarded MOS 63C (Track Vehicle Mechanic).

3.  The applicant served in Vietnam from 6 January 1969 through 4 January 1970 with Troop A, 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division.

4.  The applicant was honorably released from active duty on 4 January 1970 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), as an early release of an overseas returnee.  He was released from active duty in the rank and pay grade of Specialist Five, E-5.  On the date he was released from active duty he had completed 1 year, 11 months, and 23 days of active military service, with no lost time.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Bronze Star Medal.  The Combat Infantryman Badge and the Good Conduct Medal are not shown on the applicant's DD Form 214.

6.  There are no entries in Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) showing he was awarded the Combat Infantryman Badge and the Good Conduct Medal.

7.  There are no orders in the applicant's military personnel records awarding him the Combat Infantryman Badge and the Good Conduct Medal.

8.  There is no evidence in the applicant's service personnel records and the applicant provided none to show that he was ever reclassified into an infantry MOS while he served on active duty or while he served in Vietnam.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that the applicant received "excellent" conduct and efficiency ratings.  There is no 

evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which he is entitled for his campaign participation.

11.  While in Vietnam, the applicant participated in the following four campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; and the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.

13.  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 personnel 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.  Additionally, Appendix V of U. S. Army Vietnam (USARV) 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.

14.  Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's separation, provided that the Good Conduct Medal was awarded to individuals who distinguished themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  Although there was no automatic entitlement to the Good Conduct Medal, disqualification had to be justified.  To be eligible for award of the Good Conduct Medal, Soldiers were required to meet all of the following criteria:  all conduct (character) and efficiency ratings were required to 

be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were also not disqualifying.

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

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that the applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence shows the applicant was assigned to a cavalry unit while he served in Vietnam.  The applicant was classified in a non-infantry MOS and performed the duties of a tracked vehicle mechanic.  There is no evidence in his service personnel records, and the applicant provided none to show, that he ever held an infantry MOS or that he was ever assigned to an infantry unit of brigade, regimental, or smaller size, and that he participated in active ground combat against the enemy with that unit.

3.  Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

4.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The record shows the applicant was inducted into the Army of the United States in the rank and pay grade of Private, E-1, and was promoted rapidly through the ranks.  He was released from active duty in the rank and pay grade, 


Specialist Five, E-5.  The applicant was awarded the Bronze Star Medal at the end of his tour of duty in Vietnam for meritorious achievement.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of an administrative oversight rather than something he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 12 January 1968 through 4 January 1970 and to have it added to his DD Form 214.

5.  Records show that the applicant was awarded the Vietnam Service Medal.  Evidence shows that he participated in four campaigns during his service in the Republic of Vietnam.  He is therefore entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these four bronze service stars added to his DD Form 214.

6.  While in Vietnam, the applicant served in a unit subordinate to the US Army Vietnam which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award is not shown on his DD Form 214.  He is entitled to this unit award and to have it added 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:

	a.  awarding the applicant the Good Conduct Medal for the period 12 January 1968 through 4 January 1970 and adding this award to his DD Form 214;

	b.  adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant's DD Form 214; and


   c.  awarding the applicant four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and adding these four bronze service stars 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 to the applicant and its addition to his DD Form 214.




      _______ _   _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)                                         AR20090000295





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ABCMR Record of Proceedings (cont)                                         AR20090000295



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