IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110003909 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the following:

* Combat Infantryman Badge
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

2.  He states the omission of this recognition on his DD Form 214 was the result of clerical error or oversight.

3.  He provides his DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Although the applicant entered the mailing address, telephone number, and email address for the Pulaski County Veterans Service located in Winamac, Indiana in the Counsel portion of his application, counsel did not provide any additional requests, statements, or evidence on his behalf.

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 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.  His record shows he was inducted into the Army of the United States on 3 February 1967.  On 31 January 1969, he was released from active duty (REFRAD) with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation.  At the time of his REFRAD he completed 1 year, 11 months, and 28 days of total active service.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) provides the following pertinent information:

	a.  Item 22 (Military Occupational Specialties (MOS)) shows he was awarded MOS 12A (Pioneer) on 2 June 1967 and MOS 12B (Combat Engineer) on 6 October 1967.

	b.  Item 27 (Military Education) shows he completed the 8-week Pioneer Course for MOS 12A at Fort Leonard Wood, Missouri, in 1967.

	c.  Item 31 (Foreign Service) shows he served in the RVN from 28 June 1967 through 26 June 1968.

	d.  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN he served in duty MOS's 12A and 12B in the 919th Engineer Company from 3 July 1967 to 23 June 1968.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for all of his duty assignments.

	e.  Item 41 (Awards and Decorations) shows award of or authorization for the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar by Special Orders 83, dated 24 March 1967 issued by U.S. Army Training Center, Fort Leonard Wood, MO

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

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal with one bronze service star
* RVN Campaign Medal with Device (1960)

5.  Item 25 (Education and Training Completed) of his DD Form 214 shows he completed the Pioneer Course.

6.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing he ever performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size or that he ever held an infantry MOS.

7.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing he was ever awarded or recommended for award of the Combat Infantryman Badge.

8.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 3 February 1967 through 31 January 1969.  There are no entries in his record to indicate his commanders denied him award of the Army Good Conduct Medal during this period of service.

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 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 (Awards and Decorations) 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.  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 following three campaigns:

* 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)

11.  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 following unit awards by Department of the Army General Orders (DAGO):

* Valorous Unit Award by DAGO Number 12, dated 1969, as amended by DAGO Number 28, dated 1969
* RVN Gallantry Cross with Palm Unit Citation by DAGO Number 60, dated 1969

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record should be corrected to show award of the Combat Infantryman Badge, RVN Gallantry Cross with Palm Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar were carefully considered and determined to have partial merit.

2.  Records show the applicant participated in three campaigns while serving in the RVN.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  DAGO's awarded his Vietnam unit the Valorous Unit Award and the RVN Gallantry Cross with Palm Unit Citation for actions during his tenure.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  The evidence of record confirms he served honorably on active duty during the period 3 February 1967 through 31 January 1969.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during this period of service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal for this period of service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 3 February 1967 through 31 January 1969 and to correct his DD Form 214 to show this award.

6.  The applicant's available record is void of any orders or other documents indicating he was recommended for or awarded the Combat Infantryman Badge by proper authority while serving on active duty.

7.  By regulation, in order to support award of the Combat Infantryman Badge, there must be evidence that a member held in an infantry MOS while assigned to an infantry unit and that the individual was present and participated with the unit while it was engaged in active ground combat with enemy forces.  The applicant's record is void of any evidence that shows he fulfilled any of these criteria.  Accordingly, the available evidence does not support award of the Combat Infantryman Badge in this case.

8.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 3 February 1967 through 31 January 1969;

	b.  deleting the Vietnam Service Medal with one bronze service star from item 24 of his DD Form 214; and

	c.  adding the Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar to item 24 of his DD Form 214.

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)                                         AR20110003909



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003909



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1