IN THE CASE OF:	  

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019334 


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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), to show award of the Combat Infantryman Badge, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Gold Star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, he earned these awards during his service with the 8th Group Transportation, 444th and 666th Transportation Companies, during covert operations and counter insurgencies and they are not shown on his DD Form 214.   

3.  In support of his application, the applicant submits copies of his DD Form 214, an article on Stories about the 8th Transportation Group Activities, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), and a letter from the National Personnel Records Center.

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 was inducted into the Army of the United States as a pay grade E-1 on 8 November 1966, for 2 years.  He completed his basic combat and advanced training and was awarded military occupational specialty (MOS) 64A, Light Vehicle Driver.  He served in Vietnam from 12 April 1967 to 11 April 1968 during three campaigns.  He served with the 444th and 666th Transportation Companies.

3.  He was honorably released from active duty at the expiration of his term of service, in pay grade E-4, on 7 November 1968 and was transferred to the United States Army Reserve Control Group (Annual Training).

4.  Entries on his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal, the Drivers Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, and the Good Conduct Medal.

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he performed the duties of a light vehicle driver with the 444th and 666th Transportation Companies during his period of service in Vietnam.  Item 41 (Awards and Decorations) of his DD Form 20 does not list the Combat Infantryman Badge.

6.  There are no orders in his military personnel records that show he was awarded the Combat Infantryman Badge.

7.  A search of the Awards and Decorations Computer-Assisted Retrieval System was conducted.  This review failed to show that any orders were published awarding him the Combat Infantryman Badge during his service in Vietnam.

8.  He submitted a copy of a letter, dated 6 October 2006, the National Personnel Records Center, St. Louis, Missouri, wherein he was advised of verification of his entitlement to the following awards:  the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Drivers Badge – First Class.

9.  He also submitted copies of an article on Stories about the 8th Transportation Group Activities and Department of the Army Pamphlet 672-3.  

10.  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 Republic of Vietnam 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.

11.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  

12.  Department of the Army Pamphlet 672-3 shows his unit, the 444th Transportation Company, was awarded the Meritorious Unit Commendation for service from 2 September 1967 to 31 March 1968, based on Department of the Army General Orders Number 31, dated 1969 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation with Gold Star for service from 19 October 1966 to 24 April 1971, based on Department of the Army General Orders Number 27, dated 1972.

13.  Department of the Army Pamphlet 672-3 also shows his unit, the 666th Transportation Company, was awarded the Meritorious Unit Commendation for service from 2 September 1967 to 31 March 1968, based on Department of the Army General Orders Number 31, dated 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March to 9 October 1971, based on Department of the Army General Orders Number 6, dated 1974, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation with Gold Star for service from 14 August 1967 to 5 January 1969, based on Department of the Army General Orders Number 24, dated 1972.

14.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.
DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  These service stars are not shown on the applicant's DD Form 214 and it would be appropriate to add these service stars to his DD Form 214.

2.  General orders entitled the applicant to wear two Meritorious Unit Commendations, one Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two Republic of Vietnam Gallantry Crosses with Gold Star based upon his assignments with the 444th and 666th Transportation Companies.

3.  In accordance with regulatory guidance, not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, the applicant is entitled to have his records corrected to show award of two Republic of Vietnam Gallantry Crosses with Gold Star.

4.  The applicant contends that he should have been awarded the Combat Infantryman Badge.  The available evidence shows during his period of service in Vietnam he performed the duties of a light truck driver with the 444th and 666th Transportation Companies.  The evidence of record does not confirm, and he has not sufficiently shown, that he was personally present and participated in active ground combat during his period of service in Vietnam.  His records also does not show he received any awards for valor or achievement that would give an indication he was exposed to active ground combat against the enemy.

5.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that he held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and he must have served in active ground combat while assigned or attached to this infantry unit.  The available evidence does not support award of the Combat Infantryman Badge.

6.  There is also no evidence the 444th and 666th Transportation Companies were cited for award of the Presidential Unit Citation during his period of service.  Therefore, he is not entitled to award of the Presidential Unit Citation and its addition to his DD Form 214.

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, two Meritorious Unit Commendations, two Republic of Vietnam Gallantry Crosses with Gold Star, and one Republic of Vietnam Gallantry Cross with Palm Unit to his DD Form 214 and providing him a correction to his 
DD Form 214.

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 the Presidential Unit Citation and their addition to his 
DD Form 214.



      _______ _   _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)                                         AR20090019334





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ABCMR Record of Proceedings (cont)                                         AR20090019334



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