IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110006340 


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 that he be awarded the Combat Infantryman Badge (CIB) and the Parachutist Badge and that his records be corrected accordingly.

2.  The applicant states that he completed jump school in June 1968 and received his jump wings but never received any orders showing his award of the Parachutist Badge.  He goes on to state that he served as a squad leader in Company B, 2d Battalion, 506th Infantry Regiment and should have been awarded the CIB. 

3.  The applicant provides two statements from his former commander and platoon leader attesting to the fact that the applicant was assigned to their unit, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of orders awarding him the Army Commendation Medal (ARCOM), and a copy of his Enlisted Qualification Record (DA Form 20).

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 in Phoenix, Arizona on 14 September 1967.  He completed his basic training at Fort Bliss, Texas and his advanced individual training as a light weapons infantryman at Fort Gordon, Georgia before being transferred to Fort Benning, Georgia to attend the Noncommissioned Officer (NCO) Candidate Course.

3.  He completed the NCO Candidate Course and remained at Fort Benning to attend airborne training.  He completed his airborne training on 14 June 1968 and was awarded the military occupational specialty of 11B4P.  There are no orders in his records showing award of the Parachutist Badge; however, there are orders authorizing him hazardous duty pay for parachute duty and there are no entries in his records indicating that he was ever disqualified/terminated from parachute duty.

4.  He was transferred to Fort Ord, California to attend the NCO Combat Leader Course and on 15 September 1968 he was transferred to Vietnam for assignment to Company B, 2d Battalion, 506th Infantry Regiment, 101st Airborne Division (Airmobile) for duty as a team leader. 

5.  After serving in four campaigns, he departed Vietnam on 13 June 1969 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) to attend a college or university.  He had served 1 year, 9 months and 2 days of active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal and the Army Commendation Medal.  

6.  A review of his records failed to show any orders awarding him the CIB or any indication that he engaged the enemy while serving in Vietnam.

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

8.  Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation and the Presidential Unit Citation (PUC).

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the Parachutist Badge should be added to his DD Form 214 has been noted and appears to have merit.  While there are no orders awarding him the Parachutist Badge, there is evidence in his records showing that he completed airborne training, that he was receiving hazardous duty pay for parachute duty and that he was awarded the Special Qualification Identifier of “P” for his MOS, which indicates parachutist qualification.  Accordingly, the award of the Parachutist Badge should be added to his DD Firm 214 at this time and his DD Form 214 should be corrected to reflect his SQI of “P” on his MOS.

2.  The applicant also served in four campaigns and thus is authorized to wear four bronze service stars on his already awarded VSM.  Accordingly, they should be added to his DD Form 214 at this time.

3.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation and the PUC.  Accordingly, they should be added to his DD Form 214 at this time.

4.  While the sincerity of the applicant’s claim that he should have been awarded the CIB is not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application, sufficient evidence to show that he actively engaged the enemy while assigned to an infantry unit.  Therefore, in the absence of such evidence, there appears to be no basis to award him the CIB at this time.
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:
* Deleting the entry “11B4O” in block 23a. of his DD Form 214
* Adding the entry “11B4P” in block 23a. of his DD Form 214
* Adding the awards of the Parachutist Badge, the PUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation to block 24 of his DD Form 214
* Deleting the award of the VSM from block 24 of his DD Form 214
* Adding the award of the VSM with four bronze service stars to block 24 of his 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 awarding him the CIB.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20110006340





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ABCMR Record of Proceedings (cont)                                         AR20110006340



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