IN THE CASE OF:	

		BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090015221 


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 Combat Infantryman Badge, the National Defense Service Medal, the Army Good Conduct Medal, the Republic of Vietnam Campaign Medal, one additional Overseas Service Bar, the Air Medal, and any other awards that he may be entitled for his Vietnam service. He also requests that these awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, that he served in Vietnam from 1965 to 1966 with the 9th Cavalry and received an honorable discharge, but no medals.  He also states, in effect, that he was under enemy fire many times and engaged the enemy as an infantry Soldier with the 9th Cavalry.  He had approximately 100 to 150 hours flight time with the Headquarters and Headquarters Troop, 
9th Cavalry.    

3.  In support of his application, the applicant provides a copy of his DD Form 214 and a VA Form 21-4238 (Statement in Support of Claim).

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 military records show he enlisted in the Regular Army in pay grade E-1 on 7 June 1963, for 3 years.  He completed training and was awarded military occupational specialty (MOS) 11E, Armor Crewman.  

3.  On 8 April 1964, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for disobeying a lawful order to have his patches and chevrons secured on his overcoat on 7 April 1964.  His punishment included restriction to the company area for 14 days.

4.  The applicant served in the Republic of Vietnam from 28 August 1965 to 30 May 1966 during two campaigns.  He was assigned to the Headquarters and Headquarters Troop, 1st Squadron, 9th Cavalry, 1st Cavalry Division, in duty MOS 11E.  

5.  The applicant's record shows that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence the applicant was found disqualified for award of the Good Conduct Medal.

6.   The applicant was honorably released from active duty in pay grade E-4 on 7 June 1966 and was transferred to the United States Army Reserve Control Group (Reinforcement).

7.  Entries on the applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), list the following awards:  the Vietnam Service Medal and one Overseas Service Bar.  No other awards are listed.  

8.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), shows the following awards:  the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), the Vietnam Service Medal, and one Overseas Service Bar.  No other awards are listed.



9.  There are no orders in the applicant's military personnel records awarding him the Combat Infantryman Badge.  There are also no orders in his records awarding him the Air Medal or evidence he served as a crewmember or non-crewmember on flying status while in Vietnam.

10.  A search of the Awards and Decorations Computer-assisted Retrieval System (ADCARS) was made for orders awarding the applicant the Combat Infantryman Badge and the Air Medal.  No orders for these awards were found in ADCARS.

11.  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 Vietnam Regulation 672-1 (Decorations and Awards) provided 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.

12.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and
30 November 1995; and 11 September 2001 and a date to be determined. 

13.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam 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 and contributed direct combat support to the Republic of Vietnam and Armed Forces.  

15.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the Overseas Service Bar.  In pertinent part, it provided that a bar was authorized for wear for each period of active Federal 

service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

16.  Army Regulation 600-8-22 further provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

17.  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.  

18.  Department of the Army Pamphlet 672-3 shows the applicant’s unit, the 1st Squadron, 9th Cavalry, was awarded the Presidential Unit Citation for service from 23 October to 26 November 1965, based on Department of the Army General Orders Number 40, dated 1967.

19.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, to all personnel assigned to the United States Army Vietnam during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant completed a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to award of the National Defense Service Medal and its addition to his DD Form 214.

2.  There is evidence of minor indiscipline during his service; however, this minor indiscipline should not over-shadow his achievements.  While in the Army, he attained the rank/grade of SPC/E-4 and received "excellent" conduct and efficiency ratings throughout his service.  Therefore, he is entitled to award of the Army Good Conduct Medal (First Award) for the period 7 June 1963 to 7 June 1966 and to have it added to his DD Form 214.

3.  The evidence of record also confirms the applicant is entitled to award of the Republic of Vietnam Campaign Medal, the Presidential Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is also entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  These awards and service stars are not shown on the applicant's DD Form 214 and it would be appropriate to add these service stars to his DD Form 214.

4.  The evidence also confirms that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).  These awards are not shown on his DD Form 214 and it would also be appropriate to add them at this time.  

5.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

6.  The evidence of record shows he completed training, was awarded, and served in MOS 11E during his service in Vietnam.  There is no evidence he was awarded and/or served in an infantry MOS during his period in Vietnam or military service.  The evidence also does not confirm, and he has not shown, that he participated in active ground combat while assigned to an infantry unit, which is a prerequisite for award of the Combat Infantryman Badge.  The fact that a Soldier is serving in an infantry unit or in an infantry position alone is insufficient to award the Combat Infantryman Badge.  

7.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Air Medal.  Available service records give no indication that the applicant met the criteria or was recommended for award of the Air Medal.

8.  In all cases, the burden of proof rests with the applicant to submit substantiating proof of entitlement to an award, to include the Combat Infantryman Badge and the Air Medal, in the absence of evidence in the record.
9.  The evidence further confirms the applicant served in Vietnam from 28 August 1965 to 20 May 1966, a period of 9 months and 3 days.  He was awarded one Overseas Service Bar for this period of service.  He must have completed a total of 12 months of service for award of two Overseas Service Bars.  Therefore, he is not entitled to the award of one additional Overseas Service Bar and its addition to his DD Form 214.

10.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 7 June 1963 to 6 June 1966;

   b.  adding the Army Good Conduct Medal (1st Award), the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) to his 
DD Form 214; and 
   
   c.  providing him a correction to his DD Form 214 that includes these awards.




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 the Air Medal and their addition to his 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)                                         AR20090015221



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ABCMR Record of Proceedings (cont)                                         AR20090015221



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