IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001728 


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 award of the Combat Infantryman Badge and any other awards to which he is entitled and that they be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states he served in Vietnam and was:

* an infantryman during the period 25 to 29 April 1969
* in firefights
* assigned to Company A, 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division

3.  He provides a certificate of recognition and 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 was inducted into the Army of the United States on 20 September 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows in:

* item 22 (MOS) – he was awarded MOS 11B1O on 21 February 1969
* item 31 (Foreign Service) –

* he served in Vietnam from 6 April 1969 through 11 May 1969
* he served in Korea from 15 May 1969 through 2 May 1970

* item 38 (Record of Assignments) – he performed duties as a rifleman in duty MOS 11B in Vietnam and he was assigned to:

* Company D, 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division, from 16 to 30 April 1969 
* Company A, 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division, from 1 to 11 May 1969

* Item 41 (Awards and Decorations) –

* lists award of the National Defense Service Medal, Vietnam Service Medal, and Armed Forces Expeditionary Medal
* doesn't list award of the Combat Infantryman Badge

4.  His personnel records don't contain orders which show he was awarded the Combat Infantryman Badge.

5.  General Orders Number 21, dated 24 March 1970, show he was awarded the Army Good Conduct Medal for the period 20 September 1968 to the date of his separation on or about 1 May 1970.

6.  He was honorably released from active duty on 2 May 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, Marksman Marksmanship Qualification Badge with M-16 Rifle Bar, Armed Forces Expeditionary Medal, and Vietnam Service Medal.

7.  References:

	a.  Department of the Army General Orders 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.

	b.  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 Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 to 7 April 1970 by Department of the Army General Orders Number 53, dated 1970.

   c.  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, appendix V of U.S. Army Vietnam Regulation 672-1(Decorations and Awards)  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.

	d.  Army Regulation 600-8-22 contains the regulatory guidance on 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 Tet 69 Counteroffensive 1969 campaign.

	e.  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.  The evidence of record shows the applicant completed infantry training and he was awarded MOS 11B.  He was assigned to the 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division, during his tour of duty in Vietnam.  However, his service record does not contain sufficient evidence that shows he was engaged in actual ground combat while assigned to this unit in Vietnam.  Therefore, he has not met all of the requirements for award of the Combat Infantryman Badge.
2.  General orders show he was awarded the Army Good Conduct Medal.  Therefore, this award should be added to his DD Form 214.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  Therefore, his DD Form 214 should be amended to show this award.

4.  He was assigned to a unit in Vietnam during a period it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in one campaign during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect one bronze service star for wear on his already-awarded Vietnam Service Medal.

6.  He served a period of qualifying service in Korea for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be amended to reflect this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 item 24 of his DD Form 214 and

	b.  amending item 24 of his DD Form 214 by adding award of the Army Good Conduct Medal, Vietnam Service Medal with one bronze service star, Korea Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
2.  The Board further determined 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)                                         AR20110001728



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ABCMR Record of Proceedings (cont)                                         AR20110001728



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