IN THE CASE OF:	  

		BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100010502


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 award of the Combat Infantryman Badge (CIB) and any other awards to which he may be entitled.

2.  The applicant states he served in Vietnam from 3 July 1968 to 4 July 1969 with Company A and Headquarters (HQ), 1st Battalion, 18th Infantry, and
C Battery, 1st Battalion, 7th Artillery.

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.  The applicant enlisted in the Regular Army (RA) on 3 November 1966 for
3 years.  He had basic combat training at Fort Polk, LA and advanced individual training at Fort Sill, OK.  He was awarded and served in military occupational specialty (MOS) 13A (Field Artillery Basic).

3.  The applicant's first duty assignment following completion of training was in Germany with HQ Battery, 2nd Howitzer Battalion, 34th Artillery.  He served in Germany from on or about 22 March 1967 to on or about 10 May 1968.

4.  The applicant was transferred from Germany to Vietnam.  He served in Vietnam from on or about 4 July 1968 to on or about 1 July 1969 with C Battery, 1st Battalion, 7th Artillery, 1st Infantry Division.  He performed field artillery duties.

5.  The applicant returned to the United States and was honorably released from active duty at Oakland Army Base, Oakland, CA on 4 July 1969.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and the Army Good Conduct Medal.

6.  The applicant's records contain Special Orders Number 122, issued by HQ, 35th Artillery Group, Germany, dated 22 May 1967, that awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  There are no orders awarding him 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 United States Army Human Resources Command, failed to reveal any orders for the CIB pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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 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.


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

10.  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 document shows the 1st Battalion, 7th Artillery, the unit to which the applicant was assigned, was cited for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 - 16 October 1968 by Department of the Army General Order (DAGO) 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 - 7 April 1970 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the CIB and any other medals to which he may be entitled.

2.  The records clearly show the applicant was a field artilleryman who served in a field artillery unit in Vietnam.  Therefore, he is not entitled to award of the CIB.

3.  The applicant is entitled to other awards, badges, and unit citations.

   a.  He served in Vietnam during four campaigns phases.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

   b.  Orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, this qualification badge should be added to his DD Form 214.


	c.  The unit to which he was assigned in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these foreign unit awards should be added to his DD Form 214.

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; and

   b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with four bronze service stars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Republic of Vietnam Gallantry Cross with Palm Unit Citation, 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 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)                                         AR20100010502



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100010502



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1