IN THE CASE OF:	  

		BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090009637 


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 award of the Combat Infantryman Badge and any other awards he may be entitled to.  He also notes that he may have had three bronze service stars not two.

2.  The applicant states he was an infantry Soldier in Vietnam and was in combat hundreds of times.  He states he earned the Combat Infantryman Badge but it was not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also states that he saw the orders for the Combat Infantryman Badge in July or August of 1969.

3.  The applicant provides no additional evidence in support of his request. 

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.  Records available to the Board indicate the applicant was inducted and entered active duty on 14 January 1969.  In June 1969, following completion of training, the applicant was reassigned to Vietnam and performed duties in his primary specialty, 11B (Light Weapons Infantryman), with the 5th Battalion, 46th Infantry.  His records indicate he arrived in Vietnam on 10 June 1969.  By April 1970 he had been promoted to pay grade E-5.

3.  Orders issued by Headquarters, Americal Division in Vietnam between November 1969 and July 1970, and contained in the applicant’s Official Military Personnel File (OMPF), awarded the applicant the following decorations:

	Army Commendation Medal – meritorious achievement – 18 October 1969 through 2 November 1969
	Air Medal – meritorious achievement – 10 August 1969 through 1 January 1970
	Army Commendation Medal – meritorious achievement – 1 January 1970 through 30 April 1970
	Bronze Star Medal – meritorious service – 1 August 1969 through 1 August 1970

4.  The applicant departed Vietnam in August 1970 and on 16 August 1970.  He was released from active duty with an honorable characterization of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 reflects the following:

	NDSM (National Defense Service Medal)
	VSM (Vietnam Service Medal)
	ARCOM (Army Commendation Medal)
	ARVCM (Vietnam Campaign Medal)
	2 O/S (two overseas service bars)
	Qualification as a marksman with the M-14 and M-16

5.  Item 38 (Record of Assignments) on the applicant’s DA Form 20 (Enlisted Qualification Record) reflect all “excellent” ratings for conduct and efficiency during his period of military service.  His OMPF reflects no records of indiscipline.

6.  There is no indication in the applicant’s OMPF that he was ever awarded the Combat Infantryman Badge.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge.
7.  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 U.S. Army Republic of Vietnam (USARV) Regulation 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.

8.  Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the Vietnam Service Medal.  Appendix B notes the applicant would have participated in four designated campaigns while in Vietnam (Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII).

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Order Number 11, dated 1973.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 
3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant held an infantry specialty and served in an infantry unit while stationed in the Republic of Vietnam, in the absence of evidence confirming the applicant participated in active ground combat with his infantry unit or orders awarding him the Combat Infantryman Badge, there is no basis for correcting his record to reflect this award.  His awards of the Army Commendation Medal and Bronze Star Medal reflect his performance in a combat theater but do not speak directly of any active ground combat encounters.
2.  The evidence also shows that the applicant was awarded two awards of the Army Commendation Medal, an Air Medal, and a Bronze Star Medal, although his 1970 DD Form 214 reflects only one Army Commendation Medal.  It would be appropriate, and in the interest of justice, to add the additional Army Commendation Medal as well as the Air Medal and Bronze Star Medal to the applicant’s DD Form 214.

3.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze services star to be affixed to the already-awarded Vietnam Service Medal.

4.  The applicant was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected accordingly.

5.  The evidence of record shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Army Good Conduct Medal (First Award), for the period 14 January 1969 to 16 August 1970 and to have it added to his 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:

   a.  awarding him the Army Good Conduct Medal (first award) for the period 
14 January 1969 to 16 August 1970;
   
   b.  deleting the Vietnam Service Medal and Army Commendation Medal from his DD Form 214; and
   
   c.  adding to his DD Form 214 the Army Good Conduct Medal (first award), two awards of the Army Commendation Medal, an Air Medal and Bronze Star Medal, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm 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 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)                                         AR20090009637





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ABCMR Record of Proceedings (cont)                                         AR20090009637



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