IN THE CASE OF:  

		BOARD DATE: 25 October 2011  

		DOCKET NUMBER:  AR20110008557
 

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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards, ribbons, and medals he received including, but not limited to, the Army Good Conduct Medal, Vietnam Service Medal with two or three bronze service stars, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Grenade Launcher (M-79) Bar, Expert Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun (M-60) Bars, Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, and any unit awards that were awarded to his unit while he was serving in Vietnam.

2.  The applicant states these awards were omitted from his DD Form 214 upon his departure from Vietnam and release from active duty.

3.  The applicant provides copies of a letter from the National Personnel Records Center, dated 12 April 2011; specialist four promotion orders; Army Commendation Medal orders; special orders announcing his qualification with the M-79, M-16, M-14, and M-60; his DA Form 20 (Enlisted Qualification Record); and his DD Form 214.

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 14 March 1968.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He also completed basic airborne training.

3.  The applicant's DA Form 20 shows in:

	a.  item 38 (Record of Assignments) he was assigned in Vietnam to the 194th Military Police Company (Physical Security) from 23 May 1969 through 5 March 1970 and

	b.  item 41 (Awards and Decorations) he was awarded or authorized the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Army Good Conduct Medal, and two overseas service bars.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 March 1970 as a specialist four/E-4.

	a.  He completed 1 year, 11  months, and 24 days of total active service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

5.  His record contains:

	a.  Special Orders Number 104, Headquarters, U.S. Army Training Center Infantry, Fort Benning, GA, dated 30 April 1968, showing he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

	b.  Special Orders Number 141, Headquarters, 2d Advanced Individual Training (AIT) Brigade, U.S. Army Training Center Infantry, Fort Ord, CA, dated 12 July 1968, showing he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun (M-60) Bar.

	c.  Special Orders Number 142, Headquarters, 2d AIT Brigade, U.S. Army Training Center Infantry, Fort Ord, CA, dated 15 July 1968, showing he was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle (M-14) Bar.

	d.  Special Orders Number 185, Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning, GA, dated 31 July 1968, showing he was awarded airborne MOS special qualification identifier "P" (Parachutist) effective 2 August 1968.

	e.  Special Orders Number 276, Headquarters, 82d Airborne Division, Fort Bragg, NC, dated 16 November 1968, showing he was awarded the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

	f.  Special Orders Number 14, Headquarters, 82d Airborne Division, Fort Bragg, NC, dated 16 January 1969, showing he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Launcher (M-79) Bar.

	g.  General Orders Number 381, Headquarters, 1st Signal Brigade, U.S. Army Strategic Command, dated 11 February 1970, announcing he was awarded the Army Good Conduct Medal (1st Award) for the period 14 March 1968 to 6 March 1970.

6.  Army Regulation 600-8-22 (Military Awards) provides that 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.

7.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army Forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge was not an award for being shot at or for undergoing the hazards of day-to-day combat."

8.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following three campaigns:

* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 194th Military Police Company (Physical Security) was cited for award of the Meritorious Unit Commendation for the period 1 August 1967-31 October 1969 by Department of the Army General Orders Number 48, dated 1971.

10.  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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains orders showing he was awarded the Army Good Conduct Medal (1st Award); Parachutist Badge; Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; Sharpshooter Marksmanship Qualification Badge with Rifle (M-14), Machine Gun, and Grenade Launcher 
(M-79) Bars; and Marksman Marksmanship Qualification Badge with Automatic Rifle (M-14) Bar.  His DD Form 214 should be corrected to show these awards and badges.

2.  There is no evidence to show he was awarded the Expert Marksmanship Qualification Badge with Grenade Launcher Bar.

3.  Records show the applicant participated in three campaign periods during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  His DD Form 214 should be corrected to show these bronze service stars.

4.  During the applicant's assignment to his unit in Vietnam it was cited for awards of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be corrected to show these unit awards.

5.  There is no available evidence showing his unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His request to have this unit award recorded on his DD Form 214 should be denied.

6.  The available evidence clearly shows the applicant was awarded an infantry MOS.  However, there is no available evidence showing he was assigned to an infantry unit of brigade, regimental, or smaller size while serving in the Republic of Vietnam.  Therefore, his request to be awarded the Combat Infantryman Badge should be denied.

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 adding the following awards to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14), Machine Gun (M-60), and Grenade Launcher (M-79) Bars
* Marksman Marksmanship Qualification Badge with Automatic Rifle (M-14) Bar
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars for his already-awarded Vietnam Service Medal
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 awarding the applicant the Combat Infantryman Badge, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with Grenade Launcher Bar.



      _____________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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20110008557



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