BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090015748 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge; the Vietnamese Armed Forces Honor Medal, Second Class; and the Republic of Vietnam Gallantry Cross with Bronze Star.

2.  The applicant states, in effect, that during his tour of duty in the Republic of Vietnam, he was assigned to Advisory Team 66 of the Delta Military Assistance Command.  He also states he was awarded the Bronze Star Medal; the Combat Infantryman Badge (CIB); the Vietnamese Armed Forces Honor Medal, Second Class; and the Republic of Vietnam Gallantry Cross with Bronze Star following his departure from the Republic of Vietnam while he was stationed at Fort Carson, Colorado.

3.  The applicant provides no documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, United States 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 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 record shows that he initially enlisted in the Regular Army and entered active duty on 30 September 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12A (Pioneer).  On 14 October 1969, he was awarded a secondary MOS of 05B (Radio/Telephone Operator) which became his primary MOS on 9 August 1971.  The highest rank he attained while serving on active duty was the rank of sergeant (SGT)/pay grade E-5.  The applicant was released from active duty on 5 June 1972 and transferred to the United States Army Reserve (USAR) Control Group (Standby) to complete his remaining Reserve obligation.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) and Item 30 (Remarks) of the applicant's DD Form 214 show the applicant served a tour of duty in the Republic of Vietnam during the period 28 July 1969 through 21 July 1970.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, the applicant served as an 05B in Advisory Team 88, Delta Military Assistance Command, U.S. Military Assistance Command-Vietnam (MACV), from 28 July 1969 through 21 July 1970.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20, in pertinent part, shows he was awarded or authorized to wear the Republic of Vietnam Gallantry Cross with Bronze Star.  This form does not show award of or authorization to wear the CIB or the Vietnamese Armed Forces Honor Medal, Second Class.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded or authorized to wear the CIB; the Vietnamese Armed Forces Honor Medal, Second Class; or the Republic of Vietnam Gallantry Cross with Bronze Star.

7.  A Headquarters, U.S. MACV, letter, dated 14 September 1970, shows the applicant was authorized to accept and wear the Gallantry Cross with Bronze Star which was presented to him by the Government of Vietnam.  This award was presented in recognition of the applicant's enthusiastic performance of difficult missions.  The citation specifically mentioned an operation on 22 June 1970 during which the applicant bravely and enthusiastically engaged the enemy, personally killed two Viet Cong, and captured one AK-47 Rifle and five grenades.

8.  Headquarters, U.S. MACV, letter, dated 3 August 1970, shows the applicant was authorized to accept and wear the Armed Forces Honor Medal, Second Class which was presented to him by the Government of Vietnam.  This award was presented in recognition of the applicant's sound technical experience, high morale, and remarkable contributions to the overall success of the mission.

9.  There are no indications in the applicant's service personnel records which show that he was awarded or recommended for award of the CIB.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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.

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided, in pertinent part, for award of the C
CIB.  Appendix 3 to Annex A of this regulation listed positions which qualified for award of the CIB.  The regulation authorized award of the CIB to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations. 

12.  U.S. MACV Directive 672-1 (Awards and Decorations) provided, in pertinent part, for award of the CIB.  Appendix 3 to Annex A of this regulation listed advisor positions in MACV which were considered infantry positions and for which award of the CIB was authorized. Among these positions, "05B, Radio/Telephone Operator" was listed.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Meritorious Unit Commendation for the period 1 November 1968 through 30 June 1970 based on Department of the Army General Orders (DAGO) Number 51, dated 1971.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his military records should be corrected to show award of the CIB; the Vietnamese Armed Forces Honor Medal, Second Class; and the Republic of Vietnam Gallantry Cross with Bronze Star was carefully considered and determined to have merit.

2.  Evidence contained in the applicant's service personnel record clearly shows he participated in active ground combat while assigned to a qualifying unit of brigade, regimental, or smaller size, while serving in a qualifying MOS, in the Republic of Vietnam.  Therefore, the applicant is entitled to award of the CIB and to have it added to his DD Form 214.

3.  Official correspondence shows the applicant was authorized to wear the Vietnamese Armed Forces Honor Medal, Second Class and the Republic of Vietnam Gallantry Cross with Bronze Star which were presented to him by the Government of Vietnam as individual awards.  Therefore, he is entitled to correction of his DD Form 214 to show these foreign awards.

4.  General orders show the applicant's unit was awarded the Meritorious Unit Commendation for actions during his tenure of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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.  awarding the applicant the Combat Infantryman Badge; and

	b.  adding the following awards and decorations to item 24 of the applicant's DD Form 214:

		(1)  Combat Infantryman Badge;

		(2)  the Vietnamese Armed Forces Honor Medal, Second Class;



		(3)  the Republic of Vietnam Gallantry Cross with Bronze Star; and

		(4)  the Meritorious Unit Commendation.



      _______ _   __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)                                         AR20090015748



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ABCMR Record of Proceedings (cont)                                         AR20090015748



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