BOARD DATE:	 17 November 2009 

		DOCKET NUMBER:  AR20090010117 


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), effective 25 May 1972, to show all of his awards to include the Combat Infantryman Badge and the National Defense Service Medal.

2.  The applicant states that the omission of awards was due to poor administration.  

3.  The applicant provides no additional documents 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.  On 20 September 1965, the applicant enlisted in the Regular Army for 
3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 76Y (Supply Specialist).

3.  On 13 April 1966, the applicant was assigned for duty with the 4th Missile Battalion, located in Alaska.

4.  On 25 September 1966, the applicant was discharged for the purpose of immediate reenlistment.  He had attained the rank of private first class, pay grade E-3 and had completed 1 year and 6 days of creditable active duty service.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 effective 
25 September 1966 lists his awards as the Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar and the National Defense Service Medal. 

6.  On 26 September 1966, the applicant reenlisted in the Regular Army for 
6 years.  

7.  On 3 October 1966, the applicant departed Alaska for duty in the Republic of Vietnam.  On 8 November 1966, he was assigned for duty with the 8th Engineer Battalion.  On 3 November 1967, he returned to the United States for duty at Hunter Army Air Field, Georgia.  

8.  In October 1969, the applicant was enrolled in the Infantry Officer Candidate Course at Fort Benning, Georgia.  

9.  On or about 3 November 1969, the applicant departed for duty in the Republic of Vietnam.

10.  On 12 November 1969, the applicant was assigned to the 1st Battalion, 8th Artillery Regiment.  He returned to the United States on or about 18 October 1970, for duty at Fort Leonard Wood, Missouri.

11.  On 25 May 1972, the applicant was released from active duty.  He had attained the rank of specialist five, pay grade E-5 and had completed 5 years and 
8 months of creditable active duty.



12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 25 May 1972, lists his awards as the Vietnam Service Medal with 
1 silver service star, Republic of Vietnam Campaign Medal with 1960 Device, Army Commendation Medal, Good Conduct Medal (two awards) and the Expert Marksmanship Qualification Badge with Rifle [M-16] Bar.  It does not show award of the Combat Infantryman Badge or the National Defense Service Medal. 

13.  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.  

14.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Appendix V of this regulation provided the guidance governing award of the Combat Infantryman Badge.  Paragraph 2a stated, in effect, that MOS's, "in the 11 series with the letters b, c, d, f, g and h," are infantry MOS's.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 8th Engineer Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated in 1968, for award of the Meritorious Unit Commendation; and in DAGO Number 59, dated in 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This publication also shows that the 1st Battalion, 8th Artillery Regiment, during the time of the applicant's assignment, was cited in DAGO Number 51, dated in 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

16.   Army Regulation 635-5 (Separation Documents), effective 23 August 1973, provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the DA Form 66 (Officer Qualification Record), or the DA Form 20 (Enlisted Qualification Record) are to be entered in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  This was to cover all periods of service.  At the time the applicant received his two DD Forms 214 only awards and decorations awarded during the period covered by the DD Form 214 were entered.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show all of his awards to include the Combat Infantryman Badge and the National Defense Service Medal.

2.  The evidence clearly shows that the applicant was not awarded an infantryman MOS and was not assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  Therefore, his request for award of the Combat Infantryman Badge should be denied. 

3.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

4.  The applicant’s unit was cited in general orders 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.  Therefore, his records should be corrected to show these foreign unit awards.

5.  Regulatory provisions at the time did not permit consolidation of all awards onto a Soldier's latest DD Form 214.  Therefore, the award of the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar, shown of the applicant's first DD Form 214, should not be added to his latest 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 adding to Item 24 of the applicant's DD Form 214, effective 25 May 1972, the Meritorious Unit Commendation, 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 award of the Combat Infantryman Badge and consolidation of all awards onto his latest DD Form 214.  




      _______ _   _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)                                         AR20090010117





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ABCMR Record of Proceedings (cont)                                         AR20090010117



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