BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090017367 


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, to be awarded the Combat Infantryman Badge and the Presidential Unit Citation.

2.  The applicant states that he was authorized the Presidential Unit Citation while serving with Company A, 1st Battalion, 39th Infantry Regiment, in Germany in 1964.  He is entitled to the Combat Infantryman Badge for his service in Vietnam with Company A, 3rd Battalion, 39th Infantry.

3.  The applicant provides five photographs, a newspaper article, and a National Personnel Records Center award authorization letter.

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 on 20 February 1964, completed training, and was awarded military occupational specialty (MOS) 112.00 (Heavy Weapons Infantryman).  His MOS was converted to 11C with the revisions of the MOS coding in 1964/65.

3.  The applicant was assigned duty in Germany with Company A, 1st Battalion, 39th Infantry Regiment, from 14 May 1964 through 23 May 1966.

4.  His 17 May 1965 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period lists his awards as the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  He reenlisted on 18 May 1965 and served in Vietnam with Company A, 3rd Battalion, 39th Infantry Regiment, from 30 September 1967 through 29 September 1969.

6.  His official military personnel file does not contain orders for any of the applicant's awards or decorations.

7.  The applicant's 17 May 1968 DD Form 214 lists his authorized awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  Two of the photographs provided by the applicant show a Solider wearing the Presidential Unit Citation.  The other three were reportedly taken in Vietnam.

9.  The undated newspaper article states the applicant's unit was engaged in two days of combat in November.  The article does not name any specific Soldiers in this battle.

10.  The National Personnel Records Center 29 June 2009 letter states that the applicant's authorized awards are the Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar.

11.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register [for units during World War II and Korea] shows that the 1st Battalion, 39th Infantry Regiment was awarded two Distinguished Unit Citations (now known as the Presidential Unit Citation) during World War II.  
12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) for unit awards during Vietnam and subsequent conflicts through 1985 does not list 1st Battalion, 39th Infantry Regiment, at all.

13.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  In effect, there are three basic requirements for award of the Combat Infantryman Badge.  The Soldier must have an infantry specialty, he must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and he must be personally present and under hostile fire while serving in that unit.  

	b.  The Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

14.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states that an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he was authorized the Presidential Unit Citation while serving with Company A, 1st Battalion, 39th Infantry Regiment, in Germany in 1964 and he is entitled to the Combat Infantryman Badge for his service in Vietnam with Company A, 3rd Battalion, 39th Infantry.

2.  The 1st Battalion, 39th Infantry Regiment, was not awarded the Presidential Unit Citation during the applicant's period of service with that unit.  His wear of the Presidential Unit Citation was under the uniform regulation authorizing Soldiers to temporarily wear the ribbon only for the duration of assignment to a unit that had previously been awarded the citation.

3.  The authorization to temporarily wear a unit citation does not constitute authorization for permanent award of that citation.  As such, inclusion on the DD Form 214 is not appropriate.

4.  The record does not contain any orders awarding the applicant the Combat Infantryman Badge.  While he is shown to have served in Vietnam, in an infantry MOS, and in an infantry unit, the available documentation does not show that he was personally present and under hostile fire while serving in that unit.  Therefore, entitlement to award of the Combat Infantryman Badge can not be established.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x_____  ___x__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090017367



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ABCMR Record of Proceedings (cont)                                         AR20090017367



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