IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100019061 


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, in effect, award of the Combat Infantryman Badge (CIB) and any unit awards he may be entitled to.

2.  The applicant states he was fired on and he returned fire on 21 May 1968 while stationed in Phu Bai, Vietnam with the 82nd Airborne Division.

3.  The applicant provides no additional evidence.

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 27 June 1967.  He completed advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapon Infantryman).  He served in the Republic of Vietnam from 14 February 1968 to 1 November 1968 with the 3rd Brigade, 82nd Airborne Division.

3.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the National Defense Service Medal, Parachutist Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant was honorably released from active duty on 26 June 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

5.  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 [with Device (1960)], Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar.

6.  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 three campaigns:

* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Brigade, 82nd Airborne Division, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 6 October 1968 - 11 November 1969 by Department of the Army General Orders (DAGO) Number 43 of 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March to 4 October 1968, by DAGO Number 48, dated 1971.

8.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows he was awarded an infantry MOS and served in the Republic of Vietnam while assigned to an infantry unit.  However, there is no evidence of record and the applicant did not provide any evidence that shows he engaged in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should be denied.

2.  Records show he served in Vietnam during three campaign periods.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Special orders award the applicant him the Parachutist Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

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 three bronze service stars
* Parachutist Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 awarding the Combat Infantryman Badge and adding it 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)                                         AR20100019061



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ABCMR Record of Proceedings (cont)                                         AR20100019061



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