IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100025488 


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 (Report of Separation from Active Duty), effective 31 August 1975, to show a Combat Infantryman Badge for his service in both the Republic of Korea (ROK) and the Republic of Vietnam (RVN).

2.  The applicant states he needs verification of his award of the Combat Infantryman Badge for his action in the ROK and RVN.

3.  The applicant provides no additional documentation.

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 28 July 1949, the applicant enlisted in the Regular Army.  He attained the rank of sergeant first class, pay grade E-6 and was honorably discharged on 
20 October 1958.  His records show:

	a.  He held military occupational specialty (MOS) 111.70 (Light Weapons Infantryman).

	b.  He served both in Europe and in the ROK.  In the ROK he was assigned to Company I, 15th Infantry Regiment.
	
	c.  During his service in the ROK, he participated in the following three campaigns:  United Nations Defensive, United Nations Offensive, and the Communist Chinese Forces (CCF) Intervention.

	d.  He was wounded and was awarded the Purple Heart and the Combat Infantryman Badge.

3.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 20 October 1958 indicates he received the following awards:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Army of Occupation Medal with Germany Clasp

4.  On 29 October 1958, the applicant reenlisted in the Regular Army.  He attained the temporary rank of sergeant first class, pay grade E-7, and was discharged on 28 October 1964 for the purpose of immediate reenlistment.

5.  The applicant's DD Form 214 effective 28 October 1964 indicates he received the following awards:

* Good Conduct Medal (1st award)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Certificate of Achievement [Note: Standards at the time of the applicant's retirement do not provide for showing certificates on the DD Form 214.]

6.  On 29 October 1964, the applicant reenlisted in the Regular Army.  He attained the rank of master sergeant, pay grade E-8, and was discharged on 
9 August 1970 for the purpose of immediate reenlistment.  His records show:


	a.  He held MOS 76Z (Senior Supply Sergeant).

	b.  He was assigned as the First Sergeant of Headquarters and Headquarters and Supply (HH&S) Company, 15th Supply and Service Battalion from 1 July 1965 to 10 July 1966.

	c.  He served in the RVN from 17 August 1965 to 10 July 1966.

	d.  He participated in the following three campaigns while in the RVN: Vietnam Defensive, Vietnam counteroffensive, and Vietnam Counteroffensive Phase II.

	e.  He served in the ROK from 3 June 1968 to 3 July 1969.

7.  The applicant's DD Form 214 effective 9 August 1970 indicates he received the following awards:

* Good Conduct Medal (3rd award)
* RVN Campaign Medal with 1960 Device
* Korean Service Medal
* United Nations Service Medal
* Armed Forces Expeditionary Medal
* Bronze Star Medal
* Vietnam Service Medal
* Army Commendation Medal
* National Defense Service Medal with Oak Leaf Cluster

8.  On 10 August 1970, the applicant reenlisted in the Regular Army.  He was promoted to the rank of sergeant major, pay grade E-9, and was subsequently discharged on 9 August 1973 for the purpose of immediate reenlistment.

9.  The applicant's DD Form 214 effective 9 August 1973 indicates he received the following awards:

* Bronze Star Medal
* Purple Heart
* Army Commendation Medal with Oak Leaf Cluster
* Good Conduct Medal
* United Nations Service Medal
* National Defense Service Medal


* Korean Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Meritorious Service Medal
* Army of Occupation Medal
* Armed Forces Expeditionary Medal

10.  On 10 August 1973, the applicant reenlisted in the Regular Army.  He retired in the rank of sergeant major, pay grade E-9, on 31 August 1975.  He had completed a total of 26 years, 1 month, and 13 days of creditable active duty service.

11.  The applicant's DD Form 214 effective 31 August 1975 indicates he received the following awards:

* Good Conduct Medal (5 awards)
* Vietnam Service Medal
* National Defense Service Medal
* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal with Oak Leaf Cluster
* RVN Campaign Medal with 1960 Device
* Korean Service Medal 
* United Nations Service Medal
* Armed Forces Expeditionary Medal
* Purple Heart
* Army of Occupation Medal with Germany Clasp
* Meritorious Service Medal

12.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  for award of the Combat Infantryman Badge 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;

	b.  for award of the Korea Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days;

	c.  for award of the Republic of Korea War Service Medal to members of the U.S. Armed Forces who served in Korea and adjacent waters between 
25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows: (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations;

	d.  for a bronze clasp with 5 loops to be affixed to the Good Conduct Medal to recognize the fifth award of this medal;

	e.  for a bronze service star to be worn on the Korean Service Medal and the Vietnam Service Medal to denote participation in each campaign; and

	f.  for a bronze service star to be worn on the National Defense Service Medal to denote a second award.

13.  Army Regulation 635-5 (Separation Documents), effective 23 May 1972, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that all decorations, service medals, campaign credits, and badges awarded or authorized, for all periods of service, were to be entered in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  The November 1972 edition of the DD Form 214 moved these entries to Item 26.

14.  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.

15.  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 15th Supply and Service Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 40, dated in 1967, as amended by DAGO Number 53, dated in 1967, for award of the Presidential Unit Citation.

16.  DAGO Number 8, dated in 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214, effective 31 August 1975, should be corrected to show the Combat Infantryman Badge for his service in both the ROK and RVN.

2.  The evidence of record clearly shows that the applicant served in the ROK as an infantryman, participated in three campaigns, and was awarded the Combat Infantryman Badge for this service.  Therefore, his final DD Form 214 should be corrected to show this badge.

3.  The evidence of record clearly shows that the applicant served in the RVN as a senior supply sergeant with a supply and service battalion.  Accordingly, he did not meet the qualifications for award of the Combat Infantryman Badge during this period of service.  Therefore, his DD Form 214 should not be corrected to show award of the Combat Infantryman Badge for his service in the RVN.

4.  Records show that the applicant participated in three campaign periods during his service in the ROK.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Korean Service Medal.
5.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

7.  The applicant served during a qualifying period for award of the Republic of Korea War Service Medal and the Korea Defense Service Medal.  Therefore, his records should be corrected to show these two awards.

8.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 deleting all entries from Item 26 of his DD Form 214 effective 31 August 1975 and showing his awards as:

* Bronze Star Medal
* Purple Heart
* Meritorious Service Medal
* Army Commendation Medal with One Oak Leaf Cluster
* Presidential Unit Citation
* Good Conduct Medal with bronze clasp and 5 loops
* Army of Occupation Medal with Germany Clasp


* National Defense Service Medal with one bronze service star
* Korean Service Medal with three bronze service stars
* Armed Forces Expeditionary Medal
* Vietnam Service Medal with three bronze service stars
* Korea Defense Service Medal 
* RVN Gallantry Cross with Palm Unit Citation
* United Nations Service Medal
* RVN Campaign Medal with 1960 Device
* Republic of Korea War Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

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 for his service in the RVN.



      ____________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)                                         AR20100025488





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ABCMR Record of Proceedings (cont)                                         AR20100025488



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