IN THE CASE OF:	  

		BOARD DATE:	    26 October 2010

		DOCKET NUMBER:  AR20100013428 


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, the widow of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge, Parachutist Badge, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam (RVN) Campaign Medal.

2.  The applicant states the FSM earned the awards during temporary duty (TDY) in the RVN, but they are not listed on his discharge document or in his personnel file.

3.  The applicant provides a DD Form 214, death certificate, and military personnel and finance records 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 FSM enlisted in the Regular Army on 7 April 1964 and upon completion of initial entry training was awarded military occupational specialty (MOS) 71H (Personnel Specialist).

3.  Headquarters, 25th Infantry Division, Special Orders Number 80, dated 1 April 1965, directed the FSM's attachment to Headquarters, U.S. Army Pacific/Vietnam, with a reporting date of 1 April 1965 for a period of 90 days.

4.  Item 27 (Military Education) of the FSM's DA Form 20 (Enlisted Qualification Record) is blank.  Item 38 (Record of Assignments) of this same form shows he served with Headquarters, U.S. Army Pacific, from 1 April 1965 to 8 June 1965.

5.  There is no evidence in the FSM's official military personnel file that indicates he was awarded the Combat Infantryman Badge, Parachutist Badge, Vietnam Service Medal with two bronze service stars, or the RVN Campaign Medal with Device (1960).

6.  On 30 March 1967, the FSM was honorably released from active duty in the rank of specialist five/E-5 after completing 2 years, 11 months, and 24 days of active duty service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Army Good Conduct Medal

7.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System which is a web-based index containing general orders issued during the Vietnam Era between 1965 and 1973.  No orders pertaining to the FSM were found.

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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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 states that award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

10.  Army Regulation 600-8-22 states that 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 participation in each campaign.  Appendix B shows the campaigns for the RVN.  During the FSM's TDY in the RVN, he participated in the Vietnam Defense Campaign (8 March 1965-24 December 1965).

11.  Army Regulation 600-8-22 states that 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.  Qualifying service outside the geographical limits of the RVN required the individual to provide direct combat support to the RVN and Armed Forces.

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's DD Form 214 should be corrected to show the Combat Infantryman Badge, Parachutist Badge, Vietnam Service Medal with two bronze service stars, and the RVN Campaign Medal with Device (1960).

2.  Based on the FSM's TDY in the RVN from 1 April 1965 to 8 June 1965, his DD Form 214 should be corrected to show the Vietnam Service Medal with one bronze service star.

3.  All units that served in the RVN were awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, the FSM's DD Form 214 should also be corrected to show this foreign unit award.

4.  The Combat Infantryman Badge is awarded to infantry Soldiers who served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  The available evidence of record clearly shows the FSM was a personnel specialist assigned in the RVN as a clerk with a non-infantry unit.  Therefore, he did not qualify for award of the Combat Infantryman Badge and this portion of the applicant's request should be denied.

5.  There is no evidence of record showing the FSM satisfactorily completed any of the requirements for award of the Parachutist Badge.  Therefore, the applicant's request for this badge should be denied.

6.  The FSM did not serve a qualifying period of 6 months or more in the RVN for award of the RVN Campaign Medal with Device (1960).  Therefore, the applicant's request for this award should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending the FSM's DD Form 214 by adding the Vietnam Service Medal with one bronze service star and the RVN Gallantry Cross with Palm Unit Citation.

2.  The Board further determined 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 the Combat Infantryman Badge, the Parachutist Badge, and the RVN Campaign Medal with Device (1960).



      _____________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)                                         AR20100013428



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ABCMR Record of Proceedings (cont)                                         AR20100013428



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