IN THE CASE OF:	 

		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090021594 


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 (Report of Separation from Active Duty) for the period ending 1 October 1971 to show award of the Combat Infantryman Badge (CIB) and campaign participation credit for his service in the Republic of Vietnam (RVN) from May to December 1970.

2.  The applicant states that although he participated in the invasion of Cambodia none of the ribbons were put on the DD Form 214 that he received.

3.  The applicant provides a copy of two pages from his DA Form 20 (Enlisted Qualification Record).

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 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 record shows he enlisted in the Regular Army on 26 September 1966.  He completed basic combat and advanced individual training.  Upon completion of training he was awarded military occupational specialty (MOS) 63K (Heavy Equipment Repairman).  At a later date, he was reclassified into MOS 11B (Light Weapons Infantryman) and then into MOS 63C (General Vehicle Repairman).  On 25 June 1968, he was discharged for the purpose of immediate reenlistment.  On 26 June 1968, he reenlisted for another term of service.  On 1 October 1971, he was discharged having served a total of 4 years, 8 months, and 2 days of total active service.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 and Item 27 (Remarks) of his DD Form 214 show he served in the RVN from 4 May 1970 to 6 January 1971.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the RVN he served in three elements of the
1st Squadron, 11th Armored Cavalry Regiment as follows:

* As a 63C performing Heavy Vehicle Driver duties with Headquarters and Headquarters Troop from 15 May to 3 October 1970
* As a 63C performing Track Vehicle Mechanic duties with B Troop from 4 October to 11 November 1970
* As an 11B performing Infantry Rifleman duties with the Aero Rifle Platoon of the Air Cavalry Troop from 12 November to 26 December 1970

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), one Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14].

6.  A review of the applicant's official records failed to show evidence that he ever performed the duties of an infantryman in combat.  A review of the applicant's official records fail to show that he was ever awarded or recommended for award of the CIB.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders for the CIB or any other awards or decorations pertaining to the applicant.

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 1 October 1971 shows the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), one Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14].

9.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit the applicant was assigned to while serving in the RVN was cited for award of the:

* Valorous Unit Award for the period 1 May to 29 June 1970 by Department of the Army General Orders (DAGO) 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the period 1 March to 30 October 1970 by DAGO 55, dated 1971

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 for the period ending 1 October 1971 should be corrected to show award of the CIB and campaign participation credit were carefully considered and determined to have partial merit.

2.  Records show the applicant participated in two campaigns while serving in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.
3.  General orders show the applicant's unit was awarded the Valorous Unit Award and the RVN Gallantry Cross with Palm Unit Citation for actions during his assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit award.

4.  The applicant's OMPF is void of any orders or other documents indicating that he was ever recommended for or awarded the CIB by proper authority while serving on active duty.  The CIB is not included in the list of awards contained in item 41 of his DA Form 20.  Additionally, a review of the ADCARS database failed to reveal any orders for the CIB.

5.  By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The applicant's record is void of any evidence and he has failed to provide evidence showing evidence that fulfills this requirement.  Accordingly, he is not entitled to award of the CIB.

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 26 of his DD Form 214 for the period ending 1 October 1971 the Vietnam Service Medal; and

	b.  adding to item 26 of his DD Form 214 for the period ending 1 October 1971 the Vietnam Service Medal with two bronze service stars, Valorous Unit Award, and 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 award of 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)                                         AR20090021594



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ABCMR Record of Proceedings (cont)                                         AR20090021594



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