IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015473 


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 Combat Infantryman Badge and any other awards to which he is entitled.

2.  He states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Combat Infantryman Badge.  As his DD Form 214 shows, he was an 11B (Light Weapons Infantryman) in Vietnam and served with the 1st Cavalry.  His military personnel records jacket and records of the 1st Cavalry will support this request.

3.  He provides 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's records show he was inducted into the Army of the United States on 16 February 1971.  He completed training and was awarded military occupational specialty (MOS) 11B.  He served in Vietnam from 25 August 1971 through 31 March 1972, during three campaigns.  He was assigned to Troop E, 1st Cavalry, and Troop F, 17th Cavalry.

3.  General Orders Number 00849, issued by Headquarters, 196th Infantry Brigade, on 23 February 1972 awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in Vietnam from 23 August 1971 to 23 February 1972.

4.  He was honorably released from active duty in pay grade E-4 on 15 May 1972 at the expiration of his term of service and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completion of 1 year and 3 months of net active service with no lost time.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-60).

6.  His record shows he received ratings of "excellent" in conduct and efficiency throughout his military service.

7.  There are no orders in his military personnel records that show he was awarded the Combat Infantryman Badge.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders were published authorizing him award of the Combat Infantryman Badge.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; 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.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) specifies 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) provides 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.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 
600-8-22 contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

12.  Department of the Army General Orders Number 8, dated 1974, authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to U.S. Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant received "excellent" conduct and efficiency ratings during his period of service and had no lost time.  While in the Army, he attained the rank and pay grade of specialist E-4 and served in Vietnam.  There is no evidence that his chain of command denied him the award. 
Therefore, it is concluded he is eligible for the Army Good Conduct Medal (1st Award) for the period 16 February 1971 through 15 May 1972 and its addition to his DD Form 214.

2.  The evidence confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is also entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  General orders further entitled him to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to correct his records to show this unit award.

4.  Notwithstanding the fact he was awarded the Army Commendation Medal, the evidence of record does not confirm, and he has not sufficiently shown, that he was personally present and participated in active ground combat and was attached or assigned to an infantry unit during his period of service in Vietnam.

5.  The fact that a Soldier served in an infantry MOS and served in Vietnam alone are insufficient to award the Combat Infantryman Badge.  In all cases, the burden of proof rests with the applicant to submit substantiating evidence of entitlement to an award in the absence of evidence in the record.  Based on the available evidence, his is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

6.  In view of the foregoing, his records should be corrected 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 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for his honorable period of service from 16 February 1971 through 15 May 1972;

	b.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	d.  providing him a corrected document that includes these changes.

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 award of the Combat Infantryman Badge and its addition to his DD Form 214.



      ____________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)                                         AR20100015473



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ABCMR Record of Proceedings (cont)                                         AR20100015473



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