IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100016473 


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) to show award of the Combat Infantryman Badge and Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

2.  The applicant does not make any additional statement.

3.  The applicant provides a copy of his DD Form 214; DD Form 215 (Correction to DD Form 214), dated 10 May 2010; and a copy of his DA Form 20 (Enlisted Qualification Record).

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 was inducted into the Army of the United States on 10 August 1965.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  His DA Form 20 shows he served in Vietnam from 10 February 1966 to on or about 6 January 1967.  While in Vietnam he was assigned to Company C, 1st Battalion, 14th Infantry, in MOS 11B as a Team Leader.

4.  On 17 February 1967, he was reassigned to Fort Campbell, KY.  He served as a gunner while assigned to:

* Company A, 1st Battalion (Airborne), 501st Infantry
* 287th Service Company

5.  Item 29 (Qualification in Arms) shows he qualified as an Expert with the M-60 machine gun on 24 November 1965.

6.  The applicant was honorably released from active duty on 9 August 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Two Overseas Service Bars

8.  There are no orders awarding him the Combat Infantryman Badge in his available personnel records.  There is also no evidence that shows he engaged in active ground combat while assigned to Vietnam.

9.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any award of the Combat Infantryman Badge pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) 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 during such time as the unit was engaged in active ground combat; and they must have been present with their qualifying infantry unit and participated actively in such ground combat.  Combat service or campaign credit alone is not sufficient to award the Combat Infantryman Badge.

11.  Army Regulation 600-8-22 also sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

12.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's infantry MOS and assignment to an infantry unit in Vietnam are not in question.  However, there is no evidence in the available records, and he did not submit any evidence, to specifically substantiate his engagement in active ground combat with an infantry unit of brigade or smaller size while in Vietnam.  Absent this evidence, there is insufficient evidence upon which to award the Combat Infantryman Badge in this case.

2.  Item 29 of his DA Form 20 confirms he qualified as an "expert" with the M-60 machine gun.  Therefore, he is entitled to correction of his DD Form 214 to show this marksmanship qualification badge.

3.  The applicant participated during two campaign phases while in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.


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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

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 award of 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)                                         AR20100016473



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100016473



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1