BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100020368 


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 8 March 1971 to show award of the Combat Infantryman Badge for service in Vietnam, Armed Forces Expeditionary Medal for service in Korea, and the Army Good Conduct Medal.

2.  The applicant states he was awarded the Combat Infantryman Badge related to action from late April to 10 June 1969 in Vietnam.  He adds he was awarded the Armed Forces Expeditionary Medal in late 1967 for being on the Korean DMZ [demilitarized zone].  He was also awarded the first award of the Army Good Conduct Medal for his first enlistment in April 1968.

3.  The applicant provides two DD Forms 214, four photocopied pages of a DA Form 1594 (Daily Staff Journal or Duty Officer's Log), and two photocopied pages 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 enlisted in the Regular Army on 15 July 1966.  He completed initial entry training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  On 21 April 1968, he was honorably discharged for the purpose of immediate reenlistment.  He reenlisted 22 April 1968 for a period of 3 years.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 5 December 1969 with a change of MOS to 05B (radio operator).

3.  His DA Form 20 shows that during the period 12 April 1967 to 6 May 1968 while he was serving in Korea he was assigned to Company A, 2d Battalion,
9th Infantry with his principal duty assignment as a rifleman.

4.  His DA Form 20 further shows while he served in Vietnam during the period 14 February 1968 to 1 March 1971, he was assigned to Advisory Team 15,
I Corps, U.S. Military Assistance Command Vietnam with his principal duty assignment as a radio operator.

5.  He was honorably released from active duty on 8 March 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 4 years, 7 months, and 24 days of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 8 March 1971, as corrected by a DD Form 215 (Correction to DD Form 214), dated 17 August 1998, shows the:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with 1 silver service star and 1 bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 4 overseas service bars


7.  His records are void of any orders that indicate he was ever awarded the
1st award of the Army Good Conduct Medal by proper authority.  Item 38 (Record of Assignment) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  Item 41 (Awards and Decorations) of the form shows, by pencil entry, that on 11 February 1971 he was awarded the Army Good Conduct Medal for the period 15 July 1966 to 14 July 1969.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

8.  The available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge by proper authority.

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) states 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.  Additionally, U.S. Army Vietnam Regulation 672-1 provided for award of the Combat Infantryman Badge.  Appendix 3 to Annex A listed positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

11.  Army Regulation 600-8-22, table 2-2 lists Korea as a qualifying area for the Armed Forces Expeditionary Medal during the period 1 October 1966 to 30 June 1974.

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.


DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the Combat Infantryman Badge, in addition to evidence that a member served in an infantry MOS or as a radio operator, there must also be evidence the Soldier was accompanying infantry or infantry-type units on tactical operations while assigned to an infantry unit and was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  There is no evidence in the available records and he did not provide sufficient evidence to corroborate that he personally engaged in active ground combat with enemy forces while assigned to an infantry unit.  Therefore, regrettably, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.

2.  The applicant's record shows he served during a qualifying period in Korea for entitlement to the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  There is no available order showing the applicant was awarded the 1st award of the Army Good Conduct Medal.  However, based on the evidence of record that shows he received all "excellent" conduct and efficiency ratings throughout his service, the line entry in item 41 of his DA Form 20, his promotion to SGT/
E-5, and the absence of any commander's disqualification, it can be presumed that the applicant was awarded the Army Good Conduct Medal.  As such, it would be appropriate to correct his DD Form 214 to show this award.

4.  The applicant served during a qualifying period of service in Korea for the Korea Defense Service Medal.  Therefore, his DD form 214 should be corrected to show this award.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

___x___  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  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 to Item 24 of his DD Form 214 for the period ending 8 March 1971 the:

* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* Korea Defense 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 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)                                         AR20100020368



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ABCMR Record of Proceedings (cont)                                         AR20100020368



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