IN THE CASE OF:	  

		BOARD DATE:	  	  28 April 2009

		DOCKET NUMBER:  AR20090001298 


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, award of the Combat Infantryman Badge and the Republic of Vietnam Campaign Medal. 

2.  The applicant states, in effect, his military occupational specialty (MOS) was infantry and he was involved in combat in Vietnam as a combat artist.  He adds that, to the best of his knowledge, he should qualify for the Combat Infantryman Badge.  He also states he went from unit to unit in the 101st Airborne Division and 11th Armored Cavalry as a combat artist while in Vietnam and was never assigned to a unit for more than 10 days.  The applicant concludes that he would like his records corrected in case he is entitled to benefits from the Department of Veterans Affairs, and he would also like his children and grandchildren to have a record of his combat in Vietnam.

3.  The applicant provides no additional documentary evidence.

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 personnel records show he was appointed as a U.S. Army Reserve (USAR) commissioned officer in the grade of second lieutenant on 26 July 1966. The applicant entered active duty on 15 January 1967; attended the Infantry Officer Basic Course, U.S. Army Infantry School, Fort Benning, Georgia; and was awarded military occupational specialty (MOS) 1542 (Infantry Unit Commander).

3.  The applicant's military personnel records contain a DA Form 66 (Officer Qualification Record).

     a.  Item 9 (Military Occupational Specialties) shows he was awarded MOS Code 1542 (Infantry Unit Commander) on 15 January 1967.

     b.  Item 17 (Foreign Service) shows he served in the U.S. Army Pacific (USARPAC) in the Republic of Korea from 19 April 1967 through 23 February 1968; in the Republic of Vietnam (RVN) from 27 January through 3 April 1969; and in Hawaii from 4 April through 22 June 1969.

     c.  Item 18 (Record of Assignments), in pertinent part, shows the applicant was assigned to Headquarters and Headquarters Company, 5th Battalion,
1st Infantry, Fort Campbell, Kentucky, and served in MOS 8510 (Combat Artist) while performing temporary duty (TDY) as the Command Historian, U.S. Army Vietnam (USARV), from 28 January through 3 April 1969.

     d.  Item 21 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), and the Vietnam Service Medal.

     e.  Item 23 (Qualification In Arms) shows he qualified Sharpshooter with the M-14 rifle on 17 March 1967.

4.  The applicant’s military personnel records contain a copy of Headquarters, 
Fort Campbell, Kentucky, Letter Orders Number 12-107, dated 19 December 1968, and Headquarters, Fort Campbell, Letter Orders Number 7-34, dated



11 July 1969, that show, in pertinent part, the applicant was placed on TDY to 
Headquarters, USARV, for a period of approximately 60 days, beginning on or about 27 January 1969, to perform duties with Combat Artist Team VIII.

5.  The applicant’s military personnel records contain a DA Form 67-6 (U.S. Army Officer Efficiency Report) for the period 23 December 1968 to 3 April 1969.  This document shows the applicant was assigned to Headquarters and Headquarters Company, 5th Battalion, 1st Infantry, Fort Campbell, Kentucky, with TDY as Command Historian, Headquarters Company, USARV.  Part V (Duty Assignment for Rated Period) shows the applicant served in the principal duty of Combat Artist in Duty MOS 8510 and Part XI (Comments - Indorser) contains the entry "LT R_______ performed his duties as an artist under combat conditions in a superior manner.  In order to secure a valid view of the war he repeatedly accompanied Infantry and Armor platoons on combat missions."

6.  The applicant’s military personnel records do not contain any orders to show he was awarded the Combat Infantryman Badge.

7.  The applicant's military personnel records contain a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows he entered active duty this period on 15 January 1967.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and the Marksman Marksmanship Qualification Badge with (.45 caliber) Pistol Bar.  The DD Form 214 also shows the applicant was honorably released from active duty on 31 July 1969 and transferred to the USAR Control Group (Reinforcement) to complete his remaining military service obligation.  At the time he had completed 2 years,
6 months, and 17 days of net active service this period; 5 months and 19 days of other service; 3 years and 6 days of total service; and 1 year, 3 months, and
1 day of foreign service.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge and states, in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.


9.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations), then in effect, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge as 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal (Vietnam) and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Combat Infantryman Badge and Republic of Vietnam Campaign Medal because he held an infantry specialty and was involved in combat in Vietnam as a combat artist.

2.  The evidence of record shows that the applicant served in the RVN from
27 January through 3 April 1969.  This period of service equates to a total of
67 days (i.e., 2 months and 7 days).  Thus, records fail to show the applicant served a qualifying period of service (i.e., 6 months or more in Vietnam) required for award of the Vietnam Campaign Medal.  Therefore, the applicant is not authorized this foreign award.

3.  The evidence of record shows that during the applicant’s service in the RVN, the applicant held MOS 1542.  While the evidence of record shows the applicant possessed an infantry MOS during his service in the RVN, the evidence of record also shows he was attached to Headquarters Company, USARV, and that he performed his principal duty in Duty MOS 8510 during this period.

4.  There is no evidence that shows the applicant was assigned or attached to an infantry unit or that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size while serving in the RVN.  While the evidence of record shows that the applicant accompanied infantry and armor platoons on combat missions (emphasis added) and that he performed his duties (as an artist) under combat conditions in a superior manner, the evidence of record fails to show the applicant met the strict regulatory criteria established for award of the Combat Infantryman Badge.  Therefore, the evidence of record fails to support the applicant’s claim to the Combat Infantryman Badge in this case.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_____X___  _____X___  _____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20090001298



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ABCMR Record of Proceedings (cont)                                         AR20090001298



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