DOCKET NUMBER:  AR20090002261 


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 that his 22 December 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be updated to include award of a unit citation with one oak leaf cluster, the Presidential Unit Citation, and the Combat Infantryman Badge.

2.  The applicant states when he arrived in Vietnam his commander told him he was eligible for these awards and if he didn't wear them he would be out of uniform.  He never officially received the awards, they were not added to his DD Form 214, and now not having them on the DD Form 214 is causing problems getting benefits.

3.  The applicant provides a copy of his 22 December 1969 DD Form 214.

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 entered active duty in the Regular Army on 17 October 1966, completed training, and was awarded the military occupational specialty 63B (Wheeled Vehicle Mechanic).

3.  The applicant served in Vietnam with Headquarters, 2nd Battalion, 14th Infantry Regiment, from 21 September 1967 through 6 October 1967 and with Company A, 65th Engineer Battalion, from 7 October 1967 through 28 November 1967.  He also served in Thailand from 29 November 1967 through 18 September 1968 with the 260th Transportation Company.

4.  The applicant reenlisted on 22 December 1969.  The DD Form 214 issued at this time lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant was discharged under other than honorable conditions on 11 January 1971.  He had 3 years, 8 months, and 14 days of creditable service with 115 days of lost time.

6.  The DD Form 214 issued at this time shows his awards as the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

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 document shows that while the applicant was assigned to:

	a.  2nd Battalion, 14th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	b.  Company A, 65th Engineer Battalion, it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the authorization for wear, composition, and classification of uniforms, and the occasions for wearing all personal (clothing bag issue), optional, and commonly-worn organizational Army uniforms.  It also prescribes the awards, insignia, and accouterments authorized for wear on the uniform and how these items are worn.  In pertinent part, it states the unit award is given to an operating unit and is worn by all members of that unit who participated in the cited action.  Personnel who did not participate in the cited action but who are assigned to the cited unit are authorized temporary wear of some unit awards.

10.  Army Regulation 600-8-22 (Military Awards) sets forth the Army policy and procedures for award of military decorations.  In pertinent part, it states that:

	a.  there are three basic requirements for award of the Combat Infantryman Badge.  A Soldier must have an infantry specialty, he must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and he must be personally present and under hostile fire while serving in that unit; and

	b.  that a bronze service star is authorized based on qualifying service for each designated campaign period listed in appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, he served during the Counteroffensive Phase III, 1 June 1967 – 29 January 1968, campaign period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that when he arrived in Vietnam his commander told him he was eligible for the requested awards and if he didn't wear them he would be out of uniform.  He never officially received the awards, they were not added to his DD Form 214, and now not having them on the DD Form 214 is causing problems getting benefits.

2.  The applicant did not serve in an infantry specialty and is not shown to have performed infantry duties while assigned or attached to an infantry unit of 

brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Therefore, it appears he did not meet the eligibility criteria for award of the Combat Infantryman Badge.

3.  Both of the units the applicant served with in Vietnam were awarded several different unit citations prior to the period the applicant served with them.  Under the uniform regulations, the applicant may have been required to wear all unit citations for those units while he was assigned to those units.  However, this does not constitute permanent award of these citations and as such it is not proper to show any unit citation on the DD Form 214 for which the applicant was authorized to wear on a permanent basis.

4.  The applicant is shown to be authorized to wear the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and to wear one bronze service star on his Vietnam Service Medal.  It is appropriate to correct his 22 December 1969 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 showing that in addition to the awards listed on the 22 December 1969 DD Form 214, the applicant is also authorized award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and to wear one bronze service star on his Vietnam Service Medal.

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, the Presidential Unit Citation, or an oak leaf cluster for any unit citation.



      ___________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)                                         AR20090002261



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ABCMR Record of Proceedings (cont)                                         AR20090002261



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