IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100023340 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation and all other awards he is authorized.  
   
2.  Additionally, he requests that he be issued the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Good Conduct Medal, Combat Infantryman Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
   
3.  The applicant states he served as an infantryman in military occupational specialty (MOS) 11B in an infantry division before he was assigned to an ammunition distribution point.  He also states all of the individuals who served in the Republic of Vietnam were authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He concludes by stating he never was issued his medals; therefore, he had to buy them.

4.  The applicant did not provide any supporting documentation with his application. 

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 23 February 1966.  He completed his initial entry training and was awarded MOS 55B (Ammunition Storage Specialist).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 12 April 1967 to 12 February 1968 with the 576th Ordnance Company (Ammunition).

4.  There are no permanent orders in his personnel service record awarding him MOS 11B or showing he was assigned to an infantry unit.

5.  On 16 February 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his military service obligation.  Item 12c (Foreign and/or Sea Service) of his DD Form 214 shows 10 months and 4 days of foreign service.

6.  Item 24 of his DD Form 214 shows these awards:

* National Defense Service Medal 
* Vietnam Campaign Medal
* Good Conduct Medal (1st Award)
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

8.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for award of the Vietnam Service Medal.  It states 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, participation credit was awarded for the following three campaigns:

* Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

9.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  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 unit to which the applicant was assigned  was cited for award of the Meritorious Unit Commendation during the period 31 October 1965 to 31 December 1967 by DAGO Number 68, published in 1968.

DISCUSSION AND CONCLUSIONS:

1.  All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.

2.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.

3.  The applicant was not awarded an infantry MOS nor was he assigned to an infantry unit during active ground combat operations.  Therefore, there is insufficient evidence to support award of the Combat Infantryman Badge.

4.  General orders announced award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the unit to which he was assigned while serving in the Republic of Vietnam.  Therefore, he is entitled to a correction of his DD Form 214 to show these two unit awards. 

5.  Based on his service in the Republic of Vietnam and participation in three campaigns, he is entitled to correction of his DD Form 214 to show three bronze service stars to be worn with his already-awarded Vietnam Service Medal.   

6.  By the nature of the applicant's request, it would appear that in the rush of being released from active duty he was not issued his medals.  As such, it would be appropriate to now issue him those medals.

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 the Vietnam Service Medal from his DD Form 214.

   b.  Adding the following awards to his DD Form 214:

* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Vietnam Service Medal with three bronze service stars

   c.  Issuing to the applicant all the medals he was awarded or authorized.

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 and or any additional awards that are not listed above.  




      _______ _   _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)                                         AR20100023340



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023340



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1