IN THE CASE OF:	  

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090017609 


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, through his Member of Congress, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal and the Combat Infantryman Badge.

2.  The applicant states he was awarded the Combat Infantryman Badge by the commanding officer of the 27th Infantry Regiment and the Army Commendation Medal by the commanding officer of the 500th Military Intelligence (MI) Group.  However, he lost both awards in a fire.  During his service in Vietnam, he served with the 3rd Battalion, 525th MI Group supporting the 25th Infantry Division.  He served with a special team, collecting information on enemy activities and locations.  He performed special operations in the area between Saigon and the Cambodian border.  He had a team of Vietnamese interpreters and another sergeant, and they all served and fought with the 27th Infantry Regiment.  He also fought in various battles during the TET Offensive and was awarded the Combat Infantryman Badge by the commander of the 1st Battalion, 27th Infantry Regiment.   

3.  The applicant provides a copy of a letter, dated 27 August 2008, from the National Personnel Records Center in support of his request.





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 records show he enlisted in the Regular Army on 21 January 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 97C (Intelligence Specialist).  

3.  His records show he served in the Republic of Vietnam from on or about 29 March 1968 to on or about 12 January 1969.  He was assigned to the 500th MI Group.

4.  He was honorably released from active duty on 12 January 1969 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation. 

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Good Conduct Medal (1st Award).  Item 24 does not show award of the Army Commendation Medal or the Combat Infantryman Badge.

6.  Headquarters, U.S. Army Vietnam, General Orders Number 33, dated 3 January 1969, awarded him the Army Commendation Medal for meritorious service in connection with military operations in the Republic of Vietnam from March 1968 to January 1969.

7.  There are no orders in his records to show he was awarded the Combat Infantryman Badge.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 official orders for the Combat Infantryman Badge.

9.  Army Regulation 600-8-22 (Military Awards) provides 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) 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.

10.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Headquarters, U.S. Army Vietnam, General Orders Number 856, dated 11 March 1969, awarded him the Bronze Star Medal for meritorious service in connection with military operations in the Republic of Vietnam from January 1968 to January 1969.

12.  Headquarters, 500th MI Group, Special Orders Number 95, dated 31 May 1967, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar.

13.  Headquarters, Fort Polk, LA, Special Orders Number 069, dated 15 March 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

14.  Appendix B of Army Regulation 600-8-22 shows he participated in four campaigns during his tour of duty in the Republic of Vietnam as follows:  TET Counteroffensive (30 January 1968 - 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968); Vietnam Counteroffensive, Phase V      (1 July 1968 - 1 November 1968), and Vietnam Counteroffensive, Phase VI       (2 November 1968 – 22 February 1969). This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his tenure of assignment to the 500th MI Group, the unit was awarded the Meritorious Unit Commendation for service from 1 January 1968 to 15 May 1969, based on Department of the Army General Orders (DAGO) Number 75, dated 1969, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Commendation Medal and the Combat Infantryman Badge.

2.  General orders awarded him the Army Commendation Medal and the Bronze Star Medal for meritorious service in connection with military operations in the Republic of Vietnam which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  General orders awarded the applicant’s unit the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar and Expert Marksmanship Qualification Badge with Pistol Bar which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  With respect to the Combat Infantryman Badge, his service in the Republic of Vietnam and support of the war effort are not in question.  However, he did so while holding an intelligence MOS and while assigned to an MI unit.  By regulation, the Combat Infantryman Badge is authorized for award to infantry Soldiers who have an infantry MOS and have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

7.  There is no evidence that he was awarded the Combat Infantryman Badge or that he held an infantry MOS; was assigned or attached to an infantry unit of brigade, regimental, or smaller size; or was directly involved in active ground combat.  In the absence of official orders or documentary evidence that he met all three criteria for this badge, there is insufficient evidence to correct his DD Form 214 to show this award.




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 adding to his DD Form 214 the Bronze Star Medal, Army Commendation Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Pistol Bar, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 correction of his DD Form 214 to show the Combat Infantryman 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)                                         AR20090017609



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ABCMR Record of Proceedings (cont)                                         AR20090017609



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