IN THE CASE OF:	  

		BOARD DATE:	    14 April 2011

		DOCKET NUMBER:  AR20100025495 


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 Army Commendation Medal (ARCOM) and Combat Infantryman Badge (CIB).

2.  He states he was an infantryman during his service in Vietnam assigned to Company E, 1st Battalion, 52d Infantry, 198th Infantry Brigade.  

3.  He provides two newspaper clippings and a copy of his DD Form 214.

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 (AUS) on 22 January 1970.  After completing initial entry training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman).  He was honorably released from active duty on 23 September 1971 under an AUS early release program after completing 1 year, 8 months, and 2 days of total active service.

3.  His DA Form 20 (Enlisted Qualification Record) shows in

* item 31 (Foreign Service) he served in Vietnam from 5 July 1970 to 4 July 1971
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with Company C and Company E, 1st Battalion, 52d Infantry, 198th Infantry Brigade, during the period 25 July 1970 to 29 June 1971 
* item 38 he served in duty MOS 11B (Light Weapons Infantryman) and 11C while he was assigned for duty in Vietnam
* item 41 (Awards and Decorations) shows he was authorized the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960) (VCM)
* two overseas service bars
* Good Conduct Medal (GCM) (1st Award)
* 2nd Class Gunner [Marksman] Marksmanship Qualification Badge with Mortar Bar
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* NDSM
* VSM with one bronze service star
* VCM
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* GCM (1st Award)
* Expert Marksmanship Qualification Badge with Pistol Bar

5.  General Orders Number 6938, issued by Headquarters, 23d Infantry Division, on 22 June 1971, show he was awarded the ARCOM for meritorious service during the period 1 July 1970 to 31 May 1971.

6.  The record is void of documentation showing he was awarded the CIB.
7.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the CIB to him.

8.  The newspaper clippings he provides show he received the CIB and ARCOM.

9.  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 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states 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.

10.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  His service in Vietnam coincides with two campaigns: Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) and Consolidation I (1 July - 30 November 1971).

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 1st Battalion, 52d Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 31 March to 30 June 1970, as confirmed by Department of the Army General Order Number 42, dated 1972. 

DISCUSSION AND CONCLUSIONS:

1.  General orders announced award of the ARCOM to the applicant.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The preponderance of evidence indicates he was awarded the CIB during his service in Vietnam.  He served in infantry MOSs while assigned to infantry companies during his Vietnam service, and a newspaper clipping he provides indicates he was awarded the CIB.  Therefore, he is entitled to correction of his DD Form 214 to show this award.
3.  He was awarded the VSM and he participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show award of two bronze service stars for wear on the previously-awarded VSM.

4.  His record shows he was awarded the Marksman Marksmanship Qualification Badge with Mortar Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  General orders confirm his unit received the RVN Gallantry Cross with Palm Unit Citation for a period when he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the VSM with one bronze service star from item 24 of his DD Form 214 and

	b.  adding the following to item 24 of his DD Form 214:

* ARCOM
* CIB
* VSM with two bronze service stars


* Marksman Marksmanship Qualification Badge with Mortar Bar
* RVN Gallantry Cross with Palm Unit Citation



      _______ _ 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)                                         AR20100025495





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ABCMR Record of Proceedings (cont)                                         AR20100025495



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