IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100019082 


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, Parachutist Badge, and any other awards he may be authorized.

2.  The applicant states, in effect, that he wants this correction because he has pride in his service and wants benefits.

3.  The applicant provides a notice of death for a former Soldier who was a member of the applicant's unit.

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.  On 7 February 1967, the applicant was inducted into the Army of the United States for 2 years.

3.  The applicant's Official Military Personnel File (OMPF) contains the following special orders (SO):

* SO 172, Fort Benning, Georgia, dated 19 July 1967: awarded him the Parachutist Badge
* SO 174, Fort Benning, Georgia, dated 21 July 1967: Assigned him to Fort Lewis, Washington, for further assignment to the Republic of Vietnam (RVN) in MOS 11B1O (Light Weapons Infantryman)
* SO 186, 97th Military Police Battalion (MP Bn), located in the RVN, dated 
	3 September 1967: Assigned him to Company C, 54th Infantry Regiment
* SO 285, 1st Brigade, 101st Airborne Division, located in the RVN, dated 12 October 1967: Assigned him to Company E, 20th Infantry Regiment (Long Range Patrol)
* SO 98, 4th Infantry Division, located in the RVN, dated 7 April 1968: Assigned him to Company A, 2nd Battalion, 35th Infantry Regiment
* SO 112, 4th Infantry Division, dated 21 April 1968: Assigned him to Headquarters and Headquarters Company and Band, 4th Infantry Division Supply Command
* SO 113, 4th Infantry Division, dated 22 April 1968: Awarded him a primary MOS 70A1O (Clerk) and withdrew MOS 11B1P, effective 20 April 1968
* SO 195, 4th Infantry Division, dated 13 July 1968: Awarded him a primary MOS 71T2O (Maintenance Data Specialist) and withdrew primary MOS 70A1O
* SO 225, 4th Infantry Division, dated 12 August 1968: Assigned him to Fort Belvoir, Virginia

4.  The applicant's DA Form 20 (Enlisted Qualification Record) does not provide a record of his duty assignments prior to reporting to Fort Belvior in 1968.  However, the available SO's indicate he was assigned in the RVN as follows:

	a.  Company C, 54th Infantry Regiment: 3 September to 12 October 1967;

	b.  Company E, 20th Infantry Regiment: 13 October 1967 to 9 April 1968;

	c.  Company A, 2nd Battalion, 35th Infantry Regiment: 10 to 24 April 1968; and

	d.  HHC and Band, 4th Infantry Division, Supply Command: 25 April to 
11 August 1968; and

5.  On 6 February 1969, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of private first class, pay grade E-3, and had completed 
2 years of creditable active duty service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the:

	a.  Good Conduct Medal;

	b.  National Defense Service Medal;

	c.  Vietnam Service Medal;

	d.  RVN Campaign Medal [with 1960 Device]; and

	e.  Expert Marksmanship Qualification Badge with Rifle Bar.

7.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the RVN, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase III; Tet Counteroffensive; Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the following units during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) for the following awards:

	a.  DAGO Number 55, dated in 1968 for Company C, 54th Infantry Regiment: Meritorious Unit Commendation;

	b.  DAGO Number 17, dated in 1969 for 2nd Battalion, 35th Infantry Regiment: Meritorious Unit Commendation;

	c. DAGO Number 60, dated in 1969 for HHC and Band, 4th Infantry Division: Meritorious Unit Commendation;

	d.  DAGO Number 3, dated in 1970, as amended by DAGO Number 38, dated in 1970 for both the 35th Infantry Regiment and for HHC and Band, 4th Infantry Division: RVN Gallantry Cross with Palm Unit Citation; and

	e.  DAGO Number 53, dated in 1970 for both the 20th and 35th Infantry Regiments, and the HHC and Band, 4th Infantry Division: RVN Civil Actions Honor Medal First Class Unit Citation.

9.  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 military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

10.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that 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 USARV 672-1 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge, Parachutist Badge and any other awards he may be authorized.

2.  Special orders show that he applicant was awarded the Parachutist Badge.  Therefore, this badge should be shown on his DD Form 214.

3.  Records show that the applicant was in three different units at the time they were awarded the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show three awards of the Meritorious Unit Commendation.
4.  Records show that the applicant participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show that two of the applicant's units were cited in the same DAGO for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Therefore, his records should be corrected to show this foreign unit award.

6.  Records show that three of the applicant's units were cited in the same DAGO for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

7.  The evidence clearly shows that the applicant was awarded an infantryman MOS when first assigned to infantry regiments in the RVN.  However, he was subsequently reclassified into MOS 70A and then into MOS 71T.  Furthermore, he was reassigned to non-infantry units.  There is no available evidence of record showing that he had ever engaged in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size in the RVN.  Therefore, his request for award of the Combat Infantryman Badge should be denied.

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: Vietnam Service Medal; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include three awards of the Meritorious Unit Commendation, Vietnam Service Medal with four bronze service stars, the RVN Gallantry Cross with Palm Unit Citation, RVN Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Parachutist Badge.
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)                                         AR20100019082





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ABCMR Record of Proceedings (cont)                                         AR20100019082



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