IN THE CASE OF:	  

		BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090017875 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the second award of the Combat Infantryman Badge (CIB).

2.  The applicant states that he was awarded the CIB while serving with the Special Forces in the Republic of Vietnam during the period January 1967 through January 1968.  He contends that he earned the first award while serving in Korea.

3.  The applicant provides a copy of his request for the Master Parachutist Badge which contains the number of combat jumps and 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.  The applicant enlisted in the Regular Army on 31 May 1950 for a period of 3 years.  He was trained in and awarded military occupational specialty (MOS) 3844 (Field Artillery Machine Gunner).  On 21 November 1959, he was awarded MOS 11C (Indirect Fire Crewman) and on 15 April 1965 he was awarded MOS 11B (Light Weapons Infantryman).  On 30 June 1970, the applicant retired after 20 years of active duty service.

3.  His DD Form 214 shows the following awards:

* Army Good Conduct Medal (5th Award)
* Korean Service Medal
* Purple Heart
* United Nations Service Medal
* National Defense Service Medal with one oak leaf cluster
* Armed Forces Expeditionary Medal (Dominican Republic)
* Vietnam Service Medal
* Bronze Star Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Master Parachutist Badge
* Senior Parachutist Badge
* Parachutist Badge

4.  Special Orders Number 80, Headquarters, U.S. Forces Dominican Republic, dated 21 March 1966, awarded the applicant the CIB while serving with the 7th Special Forces Group in the Dominican Republic.

5.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in Vietnam during the period 26 January 1967 through 25 January 1968.  Item 38 (Record of Assignment) shows he served as an 11B4S (Light Weapons Leader) with the 5th Special Forces Group, 1st Special Forces, during his entire tour of duty.  A copy of a DA Form 1307 (Individual Jump Record) shows that he performed a "classified" combat jump on 3 January 1968 in Vietnam.

6.  The applicant provided a copy of his request for the Master Parachutist Badge which shows he had a combat jump on 6 January 1968 while serving in Vietnam.

7.  Army Regulation 600-8-22 (Military Awards) provides that the CIB is awarded to Army infantry officers, enlisted Soldiers, or warrant officers with an infantry or special forces MOS who have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat to close with and destroy the enemy with direct fires.  A Soldier must be personally present and under fire while serving in an assigned infantry or special forces primary duty in a unit engaged in active ground combat.

8.  Army Regulation 600-8-22 states a separate award of the CIB has been authorized for qualified Soldiers in any of four conflicts:

	a.  World War II (7 December 1941 to 3 September 1945);

	b.  Korean Conflict (27 June 1950 to 27 July 1953);

	c.  Vietnam Conflict, which includes service in the Republic of Vietnam (2 March 1961 to 28 March 1973) and qualifying service in Laos (19 April 1961 to 6 October 1962), Dominican Republic (28 April 1965 to 1 September 1966), Korea on the demilitarized zone (4 January 1969 to 31 March 1994), Grenada (23 October 1983 to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January 1991 to 11 April 1991); and

	d.  War on Terrorism, which includes Afghanistan (Operation Enduring Freedom) and Iraq (Operation Iraqi Freedom).

	e.  Subsequent awards of the CIB are not authorized for the same qualifying period.  The entire period is recognized by one award regardless of whether a Soldier served one or multiple tours in any or all of these areas.

9.  The applicant's records show he was involved in two conflicts which are applicable to the award of the CIB:

* Vietnam (2 March 1961-28 March 1973)
* Dominican Republic (28 April 1965-1 September 1966)

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.  The applicant was awarded the Korean Service Medal as shown on his DD Form 214.  It doesn't show he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 5-9 of Army Regulation 
600-8-22 contains the regulatory guidance on the Korean Service medal.  It states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  One bronze service star is authorized for each campaign a member is credited with participating in.  The applicant participated in the following six campaigns:

* United Nations (UN) Offensive (16 September 1950-2 November 1950)
* Communist Chinese Forces (CCF) Intervention (3 November 1950-24 January 1951)
* First UN Counteroffensive (25 January 1951-21 April 1951)
* CCF Spring Offensive (22 April 1951-8 July 1951)
* UN Summer-Fall Offensive (9 July 1951-27 November 1951)
* Second Korean Winter (28 November 1951-30 April 1952)

12.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns and shows that during the applicant's tour in Vietnam participation credit was awarded for the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967-1 April 1968).

13.  Department of the Army General Orders 17 awarded the 5th Special Forces Group, 1st Special Forces, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period January 1968 through 24 September 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record be corrected by adding the second award of the CIB was carefully considered and is not supported by the evidence.

2.  The evidence shows the applicant was awarded his first CIB for participation in the Dominican Republic during the period 28 April 1965 through 1 September 1966.  Furthermore, the applicant's DA Form 1307 shows he had a classified combat jump on 3 January 1968 while serving in Vietnam.  Subsequent awards of the CIB are not authorized for the same qualifying period.  The applicant's Dominican Republic and Vietnam service are in the same qualifying period.  Therefore, he is not entitled to a second award of the CIB.




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)                                         AR20090017875



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ABCMR Record of Proceedings (cont)                                         AR20090017875



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