IN THE CASE OF:	  

		BOARD DATE:	       26 AUGUST 2009

		DOCKET NUMBER:  AR20090004751 


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 he be awarded the Combat Infantryman Badge and the Army Aviation Badge and, in effect, that these and any other awards that he is authorized be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states he should be awarded the Combat Infantryman Badge and the Army Aviation Badge because he was member of the 199th Infantry Brigade, and he served in ground combat operations and he was awarded the Bronze Star Medal.  He also states that he believes he should be awarded the Army Aviation Badge because as a member of the aviation section he was awarded the Air Medal.

3.  The applicant provides copies of the citations for his Bronze Star Medal, Air Medal, and his 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 was inducted and entered active duty on 13 December 1965.  He completed basic training and advanced individual training as a clerk in military occupational specialty (MOS) 71A.

3.  On 28 June 1966, he reported to Headquarters and Headquarters Company (HHC), 199th Infantry Brigade for deployment to Vietnam.  He reached Vietnam on 20 November 1966 [according to the citation for his Bronze Star Medal] and he was assigned to HHC, 199th Infantry Brigade in MOS 71B (Clerk Typist). However, he performed the duties of a reports clerk until 21 November 1967.  

4.  He returned to the U.S. and was separated early as an overseas returnee with an honorable characterization of service.  He was transferred to the U.S. Army Reserve Control Group (Annual Training) in the rank of specialist five (E-5).

5.  Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Army Good Conduct Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, Vietnam Campaign Medal with 1960 device and the Air Medal.     

6.  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 Number (USARV Reg. No.) 672-1 (Military Awards) provided 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.

7.  The Army's award regulation now provides, at paragraph 8-28, for award of the Basic Aviation Badge.  Until recently it was known as the Aircraft Crew Member Badge and before that the Aircraft Crewman Badge.  USARV Reg. No. 672-1 provided that personnel who were physically qualified and assigned to primary duty positions as crew chiefs, maintenance supervisors, observers, gunners or technical inspectors could wear the Aircraft Crewman Badge while so assigned.  Permanent award of the badge was authorized for those who served in such assignments for 12 months (not necessarily consecutive) and those who 

were school trained.  Individuals who were physically disqualified because of enemy action or an aircraft accident (not their fault) could be permanently authorized the award if they had completed 15 combat missions.  

8.  The following information is pertinent to the issue of other authorized awards:

	a.  The regulation also provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included 
attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

   b.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in two campaigns; the Vietnamese Counteroffensive Phase II from 1 July 1966 through 31 May 1967 and the Vietnamese Counteroffensive Phase III from 
1 June 1967 through - 29 January 1968.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.

	c.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge, and the Army Aviation Badge.  He also contends that his DD Form 214 should be corrected to show these badges and any other awards he is authorized.

2.  The applicant did not hold an infantry MOS and he was not assigned to an infantry position.  Therefore, he was not eligible for award of the Combat Infantryman Badge.   

3.  The applicant’s primary duty position was not crew chief, maintenance supervisor, observer, gunner or technical inspector; therefore, he was not eligible for award of the Army Aviation Badge.

4.  The applicant served in Vietnam during two designated campaign periods  and is authorized to wear two bronze service stars on the Vietnam Service Medal.  Therefore, they should be shown on his DD Form 214.

5.  The applicant was assigned to HHC, 199th Infantry Brigade when the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It should also be shown on his DD Form 214.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

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 Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars to be worn on the Vietnam Service Medal to the list of authorized awards shown on the individuals 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 and the Army Aviation 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)                                         AR20090004751



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ABCMR Record of Proceedings (cont)                                         AR20090004751



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