IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110002102 


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.

2.  The applicant states he wants to know if his unit was awarded a Combat Infantryman Badge.  He was assigned to the 919th Combat Engineers, 7th Armored Cavalry from July to October 1967.  He believes he should be given all awards he earned while on active duty.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 29 April 1971.

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 previously served 3 years in the Regular Army from 12 March 1957 to 11 March 1960, in military occupational specialty (MOS) 633.10 (Recovery Specialist).  

3.  On 7 August 1962, he enlisted in the Regular Army and he was awarded MOS 467.60 (Heavy Equipment Repairman).  This MOS later converted to MOS 63K.  

4.  He served in the Republic of Korea from 13 August 1963 to 25 August 1964.

5.  He was honorably discharged on 29 June 1965 for immediate reenlistment.

6.  He was issued a DD Form 214 for the period of service from 7 August 1962 to 29 June 1965.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) indicates he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

7.  He reenlisted on 30 June 1965.  

8.  503rd Maintenance Company, Fort Bragg, NC Unit Order Number 89, dated 
2 June 1967, indicates he qualified expert with the M-16 Rifle.

9.  He served in the Republic of Vietnam from 22 July 1967 to 15 July 1968 and from 5 June 1970 to 24 April 1971.  During these periods he was assigned to:

* the 919th Engineer Company - 22 July to 12 September 1967
* the 613th Maintenance Company - 13 September 1967 to 14 July 1968
* Headquarters and Headquarters Detachment (HHD), 69th Maintenance Battalion - 5 - 7 June 1970
* 129th Maintenance Battalion - 7 June to 14 October 1970
* Headquarters & Main Support Company, 62nd Maintenance Battalion - 
20 October 1970 to 24 April 1971

10.  Headquarters, U.S. Army Infantry Center Troop Command, Fort Benning, GA Special Orders Number 137, dated 13 June 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  Headquarters, U.S. Army Vietnam General Orders Number 1270, dated        16 April 1971, awarded him the Army Commendation Medal.


12.  On 29 April 1971, he was discharged.  He completed 5 years and 10 months of active service during this period that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 6 Overseas Service Bars
* Army Good Conduct Medal (2nd Award)

13.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in:

* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968) 
* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968) 
* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  

	a.  During the period of his assignment to the 919th Engineer Company the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 to 10 August 1968.

	b.  During his period of service with HHD, 69th Maintenance Battalion the unit was awarded the Meritorious Unit Commendation (Army) for the period 
1 January to 31 December 1970.

15.  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 (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.

16.  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.

17.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  A silver service star is worn instead of five bronze service stars.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

18.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it stated that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

DISCUSSION AND CONCLUSIONS:

1.  The Combat Infantryman Badge is not a unit award.  It is awarded to Soldiers who held an infantry MOS and actively engaged in ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The applicant did not hold an infantry MOS.  Therefore, he is not eligible for award of the Combat Infantryman Badge.

2.  Based on his service in Korea from 13 August 1963 to 25 August 1964 he is authorized the Korea Defense Service Medal.

3.  Based on his service with the 919th Engineer Company and HHD, 69th Maintenance Battalion he is authorized the Meritorious Unit Commendation (Army) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


4.  Orders show he was awarded the Army Commendation Medal.

5.  Orders show he qualified expert with the M-16 Rifle.  Orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) should be added to his 29 April 1971 DD Form 214.

6.  Based on the provisions of Army Regulation 635-5, his award of the Sharpshooter Marksmanship Qualification Badge with Carbine Bar should also be added to his DD Form 214 with an effective date of 29 April 1971.

7.  He participated in six campaigns during his service in Vietnam.  Therefore, he is authorized to one silver service star and one bronze service star to be worn on his Vietnam Service Medal.  

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 amending item 24 of his DD Form 214 with an effective date of 29 April 1971 to include the:

* Army Commendation Medal
* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with 1 silver service star and 1 bronze service star
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* Sharpshooter Marksmanship Qualification Badge with Carbine 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 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)                                         AR20110002102



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ABCMR Record of Proceedings (cont)                                         AR20110002102



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