IN THE CASE OF:	  

		BOARD DATE:	  3 December 2009

		DOCKET NUMBER:  AR20090010589 


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, Air Medal, Parachute Rigger Badge, and any unit awards he may be entitled to.

2.  The applicant states, in effect, that he was awarded the Air Medal when he served in the Republic of Vietnam.  He states he performed the duties of an infantryman and held the secondary military occupational specialty (MOS) of 11B (Infantryman).  In addition, he requests award of the Parachute Rigger Badge for his service in the 82nd Airborne Division at Fort Bragg, NC.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), an Air Medal certificate supported by the award citation, and his DA Form 20 (Enlisted Qualification Record).

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 (RA) on 4 April 1967 for a period of 3 years.  He successfully completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 72C (Telephone Switch Board Operator).

3.  Records show the applicant served in the Republic of Vietnam from 14 December 1967 to 13 December 1968.  While in the Republic of Vietnam, he was assigned to Company D, 1st Battalion (Airborne), 501st Infantry as a rifleman and ammunition bearer.  He was awarded the Purple Heart for being wounded on 14 March 1968.

4.  The applicant was honorably released from active duty on 3 April 1970 upon his expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 issued to the applicant shows he completed a total of 3 years of active federal service with 1 year of foreign service.

5.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows his primary MOS upon release from active duty was 43E (Parachute Packer).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Purple Heart, Army Commendation Medal, and Bronze Star Medal. 

7.  Item 25 (Education and Training Completed) of the applicant's DD Form 214 shows that he completed the training for "Parachute Pack Maintenance and Air Drop."

8.  Item 22 (MOS) of the applicant's DA Form 20 shows his primary MOS was 43E, his secondary MOS was 11B2P, and his additional MOS was 72C.

9.  Headquarters, 2nd Basic Combat Training Brigade, Fort Dix, NJ, Special Orders Number 103, dated 19 May 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 rifle.
10.  The applicant was awarded the primary MOS of 11B by Headquarters, 101st Airborne Division, Special Orders Number 11, dated 11 January 1968.  This same order shows the applicant's initial primary MOS of 72C was withdrawn and awarded as his secondary MOS.

11.  The applicant was awarded the Air Medal by Headquarters, 101st Airborne Division, General Orders Number 11347, dated 30 December 1968 for meritorious achievement on 22 October 1968.

12.  A review of the applicant's Official Military Personnel File (OPF) did not reveal a copy of official orders awarding him the Combat Infantryman Badge or the Parachute Riggers Badge.

13.  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 U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Combat Infantryman Badge.

14.  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 personnel 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 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.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Parachute Rigger Badge to any individual who successfully completes the Parachute Rigger course conducted by the U.S. Army Quartermaster School and holds an awarded MOS of 43E (Enlisted Personnel) or 401A (warrant officers).  The Parachute Rigger Badge may be awarded retroactively to any individual who 
graduated from the Parachute Rigger School after May 1951 and holds or at anytime held an awarded MOS of 43E.

16.  The applicant's records show that he is entitled to additional awards which are not listed on his DD Form 214.

17.  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 that the unit to which the applicant was assigned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by Department of the Army General Order (DAGO) Number 48, dated 1971.  It was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
19 April to 15 August 1968 by DAGO Number 21, dated 1969.

18.  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.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam, he participated in five campaigns:  the Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), Tet Counteroffensive (30 January 1968 - 1 April 1968), Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968), Vietnam Counteroffensive Phase V (1 July - l November 1968), and Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969).  This regulation further states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and that a silver service star is authorized in lieu of five bronze service stars.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal [correctly known as the Republic of Vietnam Campaign Medal with Device (1960)].  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal.  Therefore, he entitled to have his record corrected to show this award.

2.  The applicant was awarded an infantry MOS on 11 January 1968 while he was assigned to an infantry unit during his tour in the Republic of Vietnam.  He was wounded in action in March 1968 and subsequently awarded the Purple Heart.  The preponderance of evidence verifies he was engaged in active ground combat with enemy forces as an infantryman in an infantry unit.  As such, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.
3.  Evidence shows the applicant completed the Parachute Pack Maintenance and Air Drop training and he held MOS 43E.  Therefore, he is entitled to have his record corrected to show award of the Parachute Rigger Badge and correction of his records to show this award.

4.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he entitled to have his record corrected to show this weapons qualification badge.

5.  Based on the applicant's qualifying service in the Republic of Vietnam, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and correction of his records to show this medal.

6.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show he participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to the already-awarded Vietnam Service Medal.

7.  At the time of the applicant’s assignment to Company D, 1st Battalion (Airborne), 501st Infantry the unit was awarded the Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Combat Infantryman Badge and the Parachute Rigger Badge; and

	c.  adding to item 24 of his DD Form 214 the Air Medal, Combat Infantryman Badge, Parachute Rigger Badge, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.



      ___________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)                                         AR20090010589



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ABCMR Record of Proceedings (cont)                                         AR20090010589



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