BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090016688 


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) to show award of the Combat Infantryman Badge, Combat Action Badge, and any other awards that may be missing from this document.

2.  The applicant states that he was assigned to an artillery unit, but he had to guard the perimeter, and he was shot numerous times.

3.  The applicant provides, in support of his application, a copy of his 
DD Form 214.

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 26 October 1965, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 93F (Ballistic Meteorological Crewman).

3.  Special Orders Number 163, 1st Training Brigade, Fort Gordon, Georgia, dated 8 December 1965, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 1 August 1966, the applicant was assigned to Headquarters and Headquarters Battery, 9th Division Artillery, 9th Infantry Division, located at Fort Riley, Kansas.

5.  On 12 December 1966, the applicant was assigned to the Republic of Vietnam with his unit.  He served as a ballistic meteorological crewman.  He returned to the United States on 15 October 1967.

6.  On 17 October 1967, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4, and completed 1 year, 
11 months, and 22 days of creditable active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, the Vietnam Campaign Medal, and one overseas service bar.  It does not show award of the Combat Infantryman Badge, Combat Action Badge, or any other awards.

8.  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 officers 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.

9.  Army Regulation 600-8-22 further states that the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  The Combat Action Badge is authorized from 
18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

10.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods:  the Vietnam Counteroffensive Phase II, and the Vietnam Counteroffensive Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  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 while 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.  Additionally Appendix V of 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.

12.  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 while the applicant was assigned to Headquarters and Headquarters Battery, 9th Infantry Division Artillery the unit was cited in Department of the Army General Orders (DAGO) Number 39, dated 1970, for award of the Meritorious Unit Commendation; in DAGO Number 31, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 59, dated 1969, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal with 1960 Device.  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 assignments in Vietnam for 
6 months or more.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge, Combat Action Badge, and any other awards that may be missing from the DD Form 214.

2.  The evidence clearly shows the applicant did not hold an infantry MOS and he was not assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  Therefore, he did not meet the basic qualifications for award of the combat Infantryman Badge.  His request for award of the Combat Infantryman Badge should be denied.

3.  The evidence of record shows the applicant served on active duty from 1965 to 1967.  This period of service was prior to 18 September 2001; therefore, he does not qualify for award of the Combat Action Badge.  His request for this badge should be denied.

4.  Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this badge.

5.  Records show the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for his records to be corrected to show award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  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.

7.  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.

8.  Records show the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with 1960 Device.  However, the device was omitted from his DD Form 214 and should be added.





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.  deleting from Item 24 of his DD Form 214 the "VNSM" and "VNCM"; and

	b.  adding the following awards to his DD Form 214:  the Meritorious Unit Commendation, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 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 Combat Action 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)                                         AR20090016688



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ABCMR Record of Proceedings (cont)                                         AR20090016688



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