BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100016358 


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) for the period ending 15 November 1965 (hereafter referred to as his DD Form 214) to show award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Combat Infantryman Badge.    

2.  The applicant states item 24e (foreign and/or sea service) of his DD Form 214 shows U.S. Army Pacific Command (USARPAC) and the same form shows his primary military occupational specialty (MOS) was 11B (light weapons infantryman).  He adds that his personnel records confirm his assignment to a combat unit in a combat zone during the war.

3.  The applicant 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 military records show he enlisted in the Regular Army on 16 November 1962.  He was awarded the MOS of light weapons infantryman and he was promoted to pay grade E-3.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Korea during the period 23 April 1963 to 21 May 1964 and does not show any service in Vietnam.

4.  The applicant was honorably released from active duty on 15 November 1965 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized the Marksman Marksmanship Qualification Badge with Rifle Bar.  This form shows no awards.

6.  His DA Form 20 lists no awards.

7.  The available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Vietnam Service Medal, Republic of Vietnam Campaign Medal, or Combat Infantryman Badge by proper authority.

8.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

9.  Army Regulation 600-8-22 provides that 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.  

10.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  This 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.  The boundaries of the Vietnam combat zone for campaign participation credit are defined as an area which includes Vietnam and the water adjacent thereto.

11.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal.  This medal 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 Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and the Armed Forces for 6 months.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

12.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

13.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he served on active duty during a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  There is no available evidence and he has provided no evidence that he served in a qualifying area and time frame for award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal.  As such, he is not entitled to correction of his DD Form 214 to show these awards.

3.  Evidence shows he met the qualifying criteria for award of the Korea Defense Service Medal.  As such, he is entitled to correction of his DD Form 214 to show this award.

4.  By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry MOS in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Since there is insufficient evidence to show the applicant met all three requirements, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.  As a result, the regulatory burden of proof necessary to support award of the Combat Infantryman Badge has not been satisfied in this case.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown 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 adding the National Defense Service Medal and Korea Defense Service Medal to his DD Form 214.

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 Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Combat Infantryman Badge 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)                                         AR20100016358



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ABCMR Record of Proceedings (cont)                                         AR20100016358



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