IN THE CASE OF:	  

		BOARD DATE:	  20 August 2009

		DOCKET NUMBER:  AR20090005532 


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 Combat Infantryman Badge and all other awards and decorations he may have earned.

2.  The applicant states that his DD Form 214 is missing several awards.

3.  The applicant provides a copy of his DD Form 214, dated 26 March 1971; a copy of his DA Form 20 (Enlisted Qualification Record); and three statements of support from former members of his unit, 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's records show he enlisted in the Regular Army (RA) for a period of 3 years on 27 March 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably discharged in the rank/grade of private (PV1)/E-1 on 26 March 1971.  He completed 3 years of creditable active military service during this period. 

3.  The applicant's records further show that he served in the Republic of Vietnam from on or about 27 November 1968 to on or about 26 November 1969. He was assigned to Company F, 51st Infantry Battalion (Long Range Patrol (LRP)) which was redesignated as Company L (Ranger) (Long Range Reconnaissance Patrol (LRRP)), 75th Infantry.

4.  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, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Bronze Star Medal.  Item 24 does not show the Combat Infantryman Badge.

5.  Headquarters, 101st Airborne Division, General Orders Number 6936, dated 16 June 1969, show the applicant was awarded the Army Commendation Medal for meritorious achievement from 1 December 1968 to 30 April 1969 in the Republic of Vietnam. 

6.  Headquarters, 101st Airborne Division, General Orders Number 10720, dated 18 August 1969, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from 1 December 1968 to 31 July 1969.

7.  The applicant's records do not contain orders awarding him the Combat Infantryman Badge.

8.  The applicant submitted three statements from former members of his unit as follows:

	a.  in a statement, dated 2 April 2009, a retired first sergeant (1SG) and former member of the applicant’s unit states that he saw the applicant several times in full combat load boarding helicopters and feels he deserves award of the Combat Infantryman Badge; 



	b.  in a statement, dated 3 May 2009, a former member of the applicant’s unit states that he served in the same unit as the applicant but in a different platoon.  
He remembers the applicant going out on combat missions as the LRP’s missions were all combat and that he remembers seeing him at the helipad in full combat gear; and

	c.  in a statement, dated 18 March 2009, a retired command sergeant major (CSM) [the applicant's former 1SG] states that the applicant was assigned to his company at the time and that the company was involved in reconnaissance within and behind enemy lines in the demilitarized zone between South and North Vietnam to determine enemy infiltrations and that the applicant was involved in generally 6 to 12 man teams on very dangerous missions.

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 USARV 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.  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 Company L (Ranger), 75th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 February 1969 to 16 February 1970 based on Department of the Army General Orders 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 February 1969 to 2 May 1970 based on the Department of the Army General Orders 48, dated 1971.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in four campaigns during his service in the Republic of Vietnam, as follows:  the Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969); TET 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969); and Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge and other awards and decorations.

2.  The evidence of record shows the applicant held an infantry MOS and he was assigned to an infantry unit during his service in Vietnam.  However, notwithstanding the statements submitted by former members of his unit, there is insufficient evidence that shows he was personally present and under hostile fire while serving in an assigned infantry primary duty in a unit actively engaged in ground combat with the enemy.

3.  General orders awarded the applicant the Army Commendation Medal for meritorious achievement from 1 December 1968 to 30 April 1969 in the Republic of Vietnam which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ____X___  GRANT FULL RELIEF 

___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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and 

	b.  adding to item 24 of the applicant's DD Form 214 the Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 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)                                         AR20090005532



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ABCMR Record of Proceedings (cont)                                         AR20090005532



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