BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100009843 


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:

* he was awarded the Bronze Star Medal
* he was awarded the Combat Infantryman Badge
* he was promoted to the pay grade of E-5

2.  The applicant states the requested information is not shown on his DD Form 214 and it should be properly listed for any benefits he may be eligible to receive.

3.  The applicant provides no additional documentation.

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.  On 10 April 1968, the applicant was inducted into the Army of the United States.  He completed training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 13 September 1968 and he was assigned to Company A, 1st Battalion, 18th Infantry Regiment, 1st Infantry Division.  He was advanced through the ranks, attaining the rank/grade of specialist four (SP4)/E-4.

3.  General Orders Number 9220, published by Headquarters, 1st Infantry Division, dated 25 August 1969, awarded the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam from September 1968 to September 1969.

4.  The applicant departed Vietnam en route to the United States on 5 September 1969.

5.  On 9 April 1970, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 5a and b of his DD Form 214 shows his rank as SP4 and his pay grade as E-4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal
* Air Medal
* Marksman Marksmanship Qualification Badge with Pistol and Rifle Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

6.  There are no orders in the available records that show the applicant was awarded the Combat Infantryman Badge.  His records also do not show any evidence he engaged in active ground combat while he was in the Republic of Vietnam.

7.  There is no available evidence showing that he attained the pay grade of E-5 prior to his REFRAD on 9 April 1970.

8.  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 Brand of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Combat Infantryman Badge.  However, ADCARS did contain General Orders Number 7418, published by Headquarters, 1st Infantry Division, dated 23 July 1969, that awarded him a second award of the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 1 June 1969 to 4 July 1969.

9.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD or discharge.

10.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 (USARV) Regulation 672-1 states 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 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

12.  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 four campaigns:

* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)


13.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The Numeral "2" denotes the second award of the Air Medal.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 - 7 April 1970 by Department of the Army General Order 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered.  However, there is no evidence in the available record and the applicant did not provide any evidence that shows he ever attained the pay grade of E-5 prior to his REFRAD.  Therefore, there is no basis for granting this portion of the applicant's request.

2.  Although records show the applicant held an infantry MOS while assigned to an infantry unit, there is no evidence and the applicant did not provide any evidence that shows he engaged in active ground combat while he was in the Army or that orders were ever published awarding him the Combat Infantryman Badge.  Therefore, there is no basis for granting this portion of his request.

3.  General orders awarded the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  General orders awarded the applicant a second award of the Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal with Numeral "2."

4.  Records show the applicant participated in tour campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on is already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  Item 24 of his DD form 214 shows the Republic of Vietnam Campaign Medal instead of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected accordingly.

6.  The unit the applicant was assigned to in the Republic of Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit 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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal, and the Air Medal; and

	b.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Air Medal with Numeral "2," Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Civil Actions Honor Medal First Class 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 or promotion to the rank/grade of sergeant (E-5).



      _________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)                                         AR20100009843



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)