IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100012628 


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, that his record be corrected to show his Vietnam service and the awards that he is authorized for that service to include the Combat Infantryman Badge and the Vietnam Service Medal.

2.  The applicant states he was engaged in combat several times and he should have been awarded the Combat Infantryman Badge.  However, there is no evidence of his Vietnam service on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214.

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 on 20 September 1962.  He completed training as a light weapons infantryman and basic airborne training.  On 12 March 1963 he was assigned to B Company, 1st Battalion (Airborne) [then known as 1st Airborne Brigade], 327th Infantry, 101st Airborne Division, Fort Campbell, KY.

3.  He was advanced to pay grade E-4 on 6 April 1965 and the unit deployed to USARPAC (U.S. Army Pacific), Vietnam on 8 July 1965 as part of the 101st Airborne Division.  

4.  The applicant returned to the United States on 9 September 1965 and he was separated early as an overseas returnee on 14 September 1965 and transferred to the Army Reserve Control Group (Reinforcement). 

5.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows "USARPAC" 0 years, 2 months and 5 days.

6.  Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows his conduct and efficiency ratings were exclusively "excellent."

7.  Section 9 (Medals, Decorations, and Citations) of the DA Form 24 lists his authorized awards as the Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, and the Marksman Marksmanship Qualification Badge with Machinegun Bar.

8.  There is no evidence in the available records that show the applicant was actually engaged in combat.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards.  This regulation provides that:

   a.  the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for each designated campaign period, including the Vietnam Defense Campaign from 8 March - 24 December 1965.  
   
   b.  the Army Good Conduct Medal was awarded to Soldiers who distinguish themselves by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.  It was for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

	c.  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.  

10.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion 327th Infantry was awarded the Meritorious Unit Commendation for the Period 29 July 1965 through 1 October 1968 by Department of the Army General Order (DAGO) Number 1 of 1969 and Headquarters, U.S. Army Vietnam and all subordinate units were authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 - 28 March 1973 by DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was engaged in combat several times and he should have been awarded the Combat Infantryman Badge.  There is no evidence of his Vietnam Service Medal on his DD Form 214.

2.  The applicant's DD Form 214 shows he served in USARPAC.  His record makes it clear this was in Vietnam.  His DD Form 214 should be corrected accordingly.

3. The applicant is authorized the Vietnam Service Medal with one bronze service star, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The awards should be shown on his 
DD Form 214.

4.  The applicant distinguished himself by his exemplary conduct, efficiency, and fidelity during a qualifying period of service as evidenced by his ratings, his advancement to pay grade E-4, and his combat zone service.  He should be awarded the Army Good Conduct Medal.

5.  Unfortunately, although he deployed to Vietnam as an infantryman with an infantry company, there is no substantiating evidence that shows the applicant was awarded the Combat Infantryman Badge or that he participated in active ground combat. 

6.  In view of the foregoing findings and conclusions it would be appropriate to correct the applicant’s records as recommended below.

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.  awarding him the Good Conduct Medal for the period 20 September 1962 through 14 September 1965;

   b.  amending his DD Form 214 to add in block 24c "Vietnam" after "USARPAC"; and
   
   c.  adding the Good Conduct Medal, Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to the authorized awards listed in block 26 of his DD Form 214.

2.  The Board further determined that the evidence presented was 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 awarding him 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)                                         AR20100012628



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ABCMR Record of Proceedings (cont)                                         AR20100012628



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