BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100012625 


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 the Combat Infantryman Badge and any other awards he may have earned.

2.  The applicant states his DD Form 214 does not reflect the Combat Infantryman Badge.

3.  The applicant provides a DD Form 214 in support of this application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant's DD Form 214 be corrected to reflect the Combat Infantryman Badge and any other citations justly due to him.

2.  Counsel states the applicant had an infantry military occupational specialty (MOS).

3.  Counsel did not provide any additional documents 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 was inducted into the Army on 8 March 1968 and upon completion of initial entry training was awarded MOS 11B (Light Weapons Infantryman).

3.  His Official Military Personnel File (OMPF) contains two DA Forms 
20 (Enlisted Qualification Record) which were only partially completed.  These forms indicate he served in the Republic of Vietnam (RVN) from 10 March 1969 to 9 November 1970 and was assigned to Company D, 2nd Battalion, 35th Infantry Regiment while in the RVN.  The Combat Infantryman Badge is not included in the list of awards contained in item 41 (Awards and Decorations) of his DA Forms 20.

4.  His OMPF is void of orders or any other documents that indicate he was recommended for or awarded the Combat Infantryman Badge.

5.  His OMPF contains Headquarters, U.S. Amy Training Center, Fort Polk, LA, Special Orders Number 160, dated 24 June 1968 which awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  On 15 January 1970, he was released from active duty after completing 
1 year, 10 months, and 8 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* one Overseas Service Bar

7.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973.  No orders for the Combat Infantryman Badge pertaining to the applicant were found in the ADCARS file; however, General Orders Number 797, dated 6 February 1970, issued by Headquarters, 4th Infantry Division were located in the ADCARS File.  These orders awarded him the Army Commendation Medal for meritorious service during the period March 1969 to March 1970.

8.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

9.  Paragraph 2-13 of Army Regulation 600-8-22 contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN.  Appendix B of this regulation shows the campaigns for the RVN.  During his tour in the RVN, he participated in three campaigns:

* Tet 69 Counteroffensive (23 February - 30 January - 8 June 1969)
* Vietnam Summer Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter Spring 1970 (1 November 1969 - 30 April 1970)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the unit to which the applicant was assigned (2nd Battalion, 35th Infantry) was cited for the following unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 - 28 July 1969 by Department of the Army General Orders (DAGO) Number 38 dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 31 October 1969 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected by adding the Combat Infantryman Badge and any other awards he may have earned has been carefully reviewed.

2.  The evidence shows he was awarded an infantryman MOS.  However, it does not sufficiently show that he ever engaged in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, his OMPF is void of any orders or other documents that indicate he was recommended for or awarded the Combat Infantryman Badge.  In the absence of corroborating evidence showing he was awarded or recommended for award of the Combat Infantryman Badge or that he ever engaged in active ground combat, there is insufficient evidence to support award of the Combat Infantryman Badge in this case.

3.  General orders awarded him the Army Commendation Medal.  Therefore, this award should be added to his DD Form 214.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).  This badge should also be added to his 
DD Form 214.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while in the RVN; therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show this fact.

6.  Based on his service with the 2nd Battalion, 35th Infantry while in the RVN, he is also entitled to correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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.  amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal; and
	b.  adding to item 24 of his DD Form 214 the Army Commendation Medal, the Vietnam Service Medal with three bronze service stars, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), the 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)                                         AR20100012625



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ABCMR Record of Proceedings (cont)                                         AR20100012625



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