IN THE CASE OF:	

		BOARD DATE:	3 December 2009  

		DOCKET NUMBER:  AR20090009016 


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 Good Conduct Medal, the Combat Infantryman Badge, the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal (AFEM), the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that he held an infantry military occupational specialty (MOS) and that he served in a combat zone in an infantry unit.  He contends that he extended his enlistment for duty in Vietnam, that he was assigned to MACV [Military Assistance Command, Vietnam] Advisor Team Number 60 in the 9th Infantry Division, and that he served proudly as an infantryman.  He states that later in his tour he was transferred to MACV personnel processing where his assignment was meeting new incoming troops and briefing them.  He believes the above mentioned awards were mistakenly not put on his DD Form 214 because he was discharged in Vietnam and not stateside.  Years later after seeking some military documents, he noticed the Combat Infantryman Badge was included on two DA Forms 1577 (Authorization for the Issuance of Awards) issued by the National Personnel Records Center (NRPC).  

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge); discharge orders; a DA Form 137 (Installation Clearance Record); a letter, dated 22 November 1966; DA Forms 1577, dated 14 August 1990 and 
18 February 2000; documentation pertaining to the Combat Infantrymen's Association membership; and a letter, dated 15 November 2009, requesting the Vietnam Service Medal in lieu of the AFEM 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 enlisted in the Regular Army on 7 May 1963 for a period of 
3 years.  He was awarded MOS 111.00 (light weapons infantryman).  On 
18 August 1965, he extended his 3-year enlistment for a period of 5 months.  He arrived in Vietnam on 27 September 1965.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his duty MOS was 11B (light weapons infantryman) and his principal duty was security guard while he was assigned to Advisory Team 60, MACV in Vietnam from 29 September 1965 through 18 March 1966.  He served in MOS 71B (clerk typist) assigned to Headquarters, MACV in Vietnam from 19 March 1966 through 6 October 1966.  On 6 October 1966, he was released from active duty in the rank of private first class after completing 
3 years and 5 months of creditable service with no time lost.   

3.  The applicant’s DD Form 214 shows the AFEM (Vietnam) [AFEXPM Vietnam], the National Defense Service Medal, the "VCM" (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)), two awards of the Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  There are no orders for the Combat Infantryman Badge in the available records.  

5.  In support of his claim for award of the Combat Infantryman Badge, the applicant provided two DA Forms 1577 which show, among other awards, that he was issued the Combat Infantryman Badge by the NPRC.  He also provided documentation which indicates he is a member of the Combat Infantrymen's Association.

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

7.  Records show the applicant participated in three campaigns during his assignment in Vietnam. 

8.  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 the U.S. Military Assistance Command (Headquarters and subordinate units) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  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 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.  The regulation also states, in pertinent part, that the Combat Infantryman Badge is an award that would provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed positions which qualified for award of the Combat Infantryman Badge.  The regulation states that personnel having the primary duty of security guard were not eligible for award of the Combat Infantryman Badge.  

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.

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

14.  Paragraph 2-12e of Army Regulation 600-8-22 provides that individuals qualified for the Armed Forces Expeditionary Medal for reason of service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, an individual may be awarded the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam Service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the rank of private first class with 3 years and 5 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of 3 years from 7 May 1963 through
6 May 1966.  Therefore, his records should be corrected to show this award.

2.  Evidence of record shows the applicant held MOS 11B and served as a security guard in this MOS while assigned to Advisory Team 60, MACV.  There is no evidence of record which shows the applicant served in active ground combat 
while assigned or attached to an infantry unit of brigade, regimental or smaller size.  In accordance with the governing regulation, personnel having the primary duty of security guard were not eligible for award of the Combat Infantryman Badge.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  Since the applicant has requested that he be awarded the Vietnam Service Medal in lieu of the AFEM, and he participated in three campaigns during his assignment in Vietnam which entitles him to three bronze service stars, his records should be corrected to show the Vietnam Service Medal with three bronze service stars.  The AFEM will be removed from his DD Form 214 as required by the governing regulation.

4.  The applicant's DD Form 214 shows the "VCM" as an authorized award.  It would be appropriate to correct this entry to show the Republic of Vietnam Campaign Medal with Device (1960).    

5.  The applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 him the first award of the Good Conduct Medal for the period 
7 May 1963 through 6 May 1966; 

	b.  deleting the entries "AFEXPM Vietnam" and "VCM" from item 
26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and 


	c.  adding the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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.  




      _______ _   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)                                         AR20090009016



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ABCMR Record of Proceedings (cont)                                         AR20090009016



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