BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100016180 


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 (Report of Separation from Active Duty) for the period ending 12 February 1977 to show award of the Combat Infantryman Badge (CIB).  In addition, he requests that his second tour in the Republic of Vietnam (RVN) be added to his DD Form 214 for the period 
13 April 1971 through 1 August 1971.

2.  He states, in effect, that the CIB and his second tour in the RVN of 4 months were omitted from his DD Form 214.  He states that he deserves the correction, because he served and fought honorably for his country 

3.  He provides no additional documentation in support of this case.

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.  He enlisted in the Regular Army on 28 September 1967 and he successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 13B (Field Artillery Basic).

3.  He arrived in the RVN and was assigned to C Battery, 3rd Battalion, 319th Field Artillery, 173 Airborne Brigade on 6 May 1968 where he performed duties as a cannoneer and light truck driver.    

4.  General Orders 772, dated 5 April 1969, issued by the 173rd Airborne Brigade awarded him the Army Commendation Medal for meritorious service during the period May 1968 through May 1969.

5.  He departed from the RVN on or about 2 May 1969.  On 5 May 1969, he was honorably released from active duty after completing 1 year, 7 months, and 
8 days of creditable active service.

6.  After a break in service, he enlisted in the Regular Army on 13 April 1970.  

7.  Unit Order 60, dated 22 October 1970, issued by the 2nd Battalion (Airborne), 321st Artillery, Fort Bragg, NC awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  On 11 February 1971, he was honorably discharged for the purpose of immediate reenlistment.  On 12 February 1971, he reenlisted for a period of 
6 years.

9.  He arrived in the RVN and was assigned to D Battery, 3rd Battalion, 319th Field Artillery, 173rd Airborne Brigade on 14 April 1971 where he performed duties as a cannoneer.  On 4 May 1971, he was reassigned to Headquarters and Service Battery, 3rd Battalion, 319th Field Artillery, 173rd Airborne Brigade where he performed duties as a supply sergeant.  On 4 August 1971, he departed the RVN.  

10.  On 20 August 1975, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for striking a fellow Soldier with his fist.    

11.  On 2 February 1977, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5, after completing 5 years, 11 Months, and 
21 days of active service that period with a total of 9 years, 4 months, and 5 days of active service with no time lost.  


12.  His DD Form 214 for the period ending 2 February 1977 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* two Overseas Service Bars

Item 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form
214 shows the entry "x YES" "5MAY68-5MAY69."

13.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.

14.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.  

15.  There is no evidence he received the Army Good Conduct Medal for the periods listed below:

1st Award for the period 28 September 1967 through 5 May 1969
2nd Award for the period 13 April 1970 through 12 April 1973
3rd Award for the period 13 April 1973 through 12 April 1976

16.  His DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.  There is no evidence to show his commander disqualified him from award of the Army Good Conduct Medal.    

17.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.


18.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

19.  Army Regulation 672-5-1 (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 first award only, 1 year served entirely during the period 7 December 1941 to 2 March 
1946; 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.  There must have been no convictions by a court-martial.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 3rd Battalion, 319th Field Artillery, 173 Airborne Brigade, the unit was cited for the following awards:

* RVN Gallantry Cross with Palm Unit Citation for the period 5 May 
1965 through 26 September 1970 by Department of the Army General Orders (DAGO) 43, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
15 April 1969 through 16 May 1971 by DAGO 5, dated 1973

21.  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.  A silver service star will be worn instead of five 
bronze service stars.  Appendix B shows that during his service in Vietnam the applicant participated in the following six campaigns:

* Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968) 
* Vietnamese Counteroffensive Phase V (1 July - l November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 
* Tet 69/Counteroffensive (23 February - 8 June 1969) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 
* Consolidation I (1 July 1971 - 30 November 1971)

22.  Army Regulation 635-5 (Separation Documents) in effect at that time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized preparation of the DD Form 214.  In pertinent part, it stated the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It states for item 19 of the DD Form indicate Indochina and Korea service on or after 
5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes." 

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record that shows the applicant was awarded an infantry MOS and that he served in an infantryman position.  Evidence of record shows that he was assigned to field artillery units and his principal duties while in Vietnam were cannoneer and supply sergeant.

2.  However, the three criteria for award of the Combat Infantryman Badge is to be assigned to an infantry unit, perform infantry duties, and hold an infantry specialty.  The evidence of record shows that while serving in Vietnam his primary specialties were 13A cannoneer and 76Y supply sergeant, which unfortunately makes him ineligible for award of the Combat Infantryman Badge.  Unfortunately, the performance of infantry tasks is not solely the basis for the award of the Combat Infantryman Badge.  

3.  Evidence of record shows he served a second tour in the RVN from 14 April 1971 to 4 August 1971.  Therefore, item 19 of his DD Form 214 should be amended to add the period 14 April 1971- 4 August 1971. 

4.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award through 3rd Award) for the periods:

* 1st Award - 28 September 1967 through 5 May 1969
* 2nd Award - 13 April 1970 through 12 April 1973
* 3rd Award - 13 April 1973 through 12 April 1976

His service records show he received conduct and efficiency ratings of "excellent" for the 1st and 2nd awards of the Army Good Conduct Medal.  
Although he received an Article 15 during the 3rd period of the Army Good Conduct Medal.  There is no evidence in his records that his commander disqualified him for the 3rd award of the Army Good Conduct Medal.  Therefore, it appears he met the eligibility criteria for award of the Army Good Conduct Medal for the periods above based on completion of periods of qualifying service.

5.  Evidence of record show he was awarded the Army Commendation Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  His DD Form 214 should be amended to add these awards.

6.  He was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in six campaigns makes him eligible for one silver service star and one bronze service star to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

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 by correcting his DD Form 214 for the period ending 2 February 1977 by:

	a.  awarding him the:

* Army Good Conduct Medal (1st Award) for the period 28 September 
1967 through 5 May 1969
* Army Good Conduct Medal (2ndt Award) for the period 13 April 
1970 through 12 April 1973
* Army Good Conduct Medal (3rd Award) 13 April 1973 through 12 April 1976; and 

	b.  amending item 19 of his DD Form 214 to add the period 14 April 1971 to 
4 August 1971; and 

	c.  amending item 24 of his DD Form 214 to add:

* Army Good Conduct Medal (3rd Award)
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* one silver service star and one bronze service star to be added to his already-awarded Vietnam Service Medal
 
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 adding the Combat Infantryman Badge to item 24 of 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)                                         AR20100016180





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ABCMR Record of Proceedings (cont)                                         AR20100016180



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