IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110003053 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB); it is also presumed he is requesting correction of his
DD Form 214 to show award of the Army Commendation Medal (ARCOM) based on the order he provided.

2.  He states he completed three tours of duty in Vietnam.  On 13 October 1966, while in a fire fight, he witnessed his friends being killed in action.  He also recalls two Soldiers being killed after their vehicle ran over an explosive device. 

3.  He provides the following:

* DD Forms 214
* Self-authored statement, dated 3 February 2011
* General Orders Number 3331, dated 29 August 1969, awarding him the ARCOM
* 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 enlisted in the Regular Army (RA) on 2 September 1964.  After completion of the training requirements he was awarded military occupational specialty (MOS) 31B (Information Communications Specialist).  On 1 August 1966, he was awarded primary MOS 76L (Projectionist) and MOS 31B was made his secondary MOS.  On 21 April 1968, he was honorably released from active duty. 

3.  On 30 September 1968, he again enlisted in the RA and served until he was honorably discharged on 18 August 1971.

4.  His DA Forms 20 and DD Forms 214 show he completed four tours in Vietnam:  5 November 1965 to 4 December 1966; 26 April 1967 to 25 April 1968; 14 October 1968 to 13 October 1969; and 15 August 1970 to 18 August 1971. 

5.  Item 38 (Record of Assignments) of his DA Forms 20 show his duty MOSs, principal duties, and units of assignment during his tours of duty in Vietnam as follows:

   a.  5 November 1965 to 1 December 1966, assigned to 20th Psychological Operations (PSYOP) Company in MOS 31B.  This unit was later redesignated as the 246th PSYOP Company.
   
   b.  23 October 1968 to 13 October 1969, assigned to the 6th PSYOP Battalion in MOS 76L.

   c.  27 August 1970 to 13 August 1971, assigned to the 6th PSYOP Battalion in MOS 76L.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Forms 214 show the following awards:  

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Aircraft Crewman Badge

7.  His military service records do not contain any orders awarding him the CIB.

8.  General Orders Number 3331, dated 29 August 1969, awarded him the ARCOM for meritorious service from October 1968 to September 1969.

9.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat

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 246th PSYOP, to which the applicant was assigned, was cited for the Meritorious Unit Commendation by Department of the Army General Orders Number 17, dated 1968.  The same pamphlet provides for the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, U.S. Army Vietnam by DAGO Number 8, dated 1974.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the VSM and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is worn instead of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following nine campaigns:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records to show the applicant should be awarded the CIB.  There is no evidence to show he was an infantryman or served in an infantry unit of brigade size or smaller during the time he served in Vietnam, which is required by regulation for award of the CIB.  Therefore, there is insufficient evidence to show he met the minimum eligibility criteria for award of the CIB.

2.  Orders confirm he is entitled to correction of his DD Form 214 to show award of the ARCOM.

3.  The evidence of record shows he was assigned to a unit during the period that it was cited in orders for the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  Additionally, the evidence shows he participated in 12 campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show two silver service stars with two bronze service stars for wear on his already-awarded VSM.

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 VSM from item 24 of his18 August 1971 DD Form 214; and

	b.  adding the ARCOM, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the VSM with two silver stars and two bronze service stars to item 24 of his18 August 1971 DD Form 214.
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 award of the CIB.
      
      
      
      _________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)                                         AR20110003053



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ABCMR Record of Proceedings (cont)                                         AR20110003053



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