BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090018767 


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 all awards he is entitled to including the Combat Infantryman Badge and/or the Combat Action Ribbon [taken to mean the Combat Action Badge]. 

2.  The applicant states, in effect, he meets the criteria for the [Combat Action Badge] which was authorized after completion of his DD Form 214.

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

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 military records show he was inducted into the Army of the United States on 10 April 1970.  He was awarded the military occupational specialties of field artillery basic and clerk typist.  The highest rank/grade he held during his tenure of service was specialist four/E-4.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Good Conduct Medal, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, two Overseas Service Bars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The applicant's DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service), shows he served in Vietnam during the period 31 August 1970 through 30 August 1971.  Item 38 (Record of Assignments) shows during his tour of duty in the Republic of Vietnam he was assigned to A Battery, 4th Battalion, 42d Artillery, 4th Infantry Division performing field artillery basic and cannoneer duties.

5.  Available records are void of documents that indicate he was recommended for or awarded the Combat Infantryman Badge by proper authority.

6.  The applicant was honorably released from active duty on 9 December 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year and 8 months of creditable active service.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 states in pertinent part that there are three basic requirements for the Combat Infantryman Badge.  The member must hold and serve in an infantry military occupational specialty; must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further stipulates that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge.  Award of 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.

9.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 52, dated 1971, while he was assigned to the unit.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) and Consolidation I (1 July - 30 November 1971) campaigns.  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.  Department of Defense Instruction 1348.33 (Military Awards Program) states the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who have actively participated in ground or surface combat.  The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia effective 1 March 1961 and ending with Operation Desert Storm in 1991.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the Combat Infantryman Badge, there must be evidence that a member served in an infantry military occupational specialty while assigned to an infantry unit.  There is no evidence the applicant held an infantry military occupational specialty.  Therefore, he is not entitled to this award.

2.  Since there is no evidence the applicant served in the Navy, his request for the Combat Action Ribbon was taken to mean the Combat Action Badge.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  Therefore, he is not entitled to this award.

3.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The available records show the applicant was awarded the Vietnam Service Medal.  Additionally, evidence shows the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.
5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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 the applicant's DD Form 214 the Vietnam Service Medal and adding the Vietnam Service Medal with two bronze service stars; and

	b.  adding to item 24 of the applicant's DD Form 214 the Republic of Vietnam Gallantry Cross with Palm 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 amending his DD Form 214 to show award of the Combat Infantryman Badge and/or 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)                                         AR20090018767



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ABCMR Record of Proceedings (cont)                                         AR20090018767



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