IN THE CASE OF:	  

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110010683 


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 (Report of Separation from Active Duty) to show award of the Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal, and a marksmanship badge.  

2.  He states he was awarded these awards and decoration during a ceremony by his commanding officer; however, none of them are listed on his DD Form 214.  

3.  He provides no additional documents.  

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 on 17 October 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  His highest rank/pay grade attained was specialist four (SP4)/E-4 during his tenure on active duty.  

3.  Special Orders Number 345, dated 11 December 1967, show he qualified as sharpshooter with the M-14 Rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 22 (MOS) – he was awarded MOS 91B2O on 26 November 1968
* item 31 (Foreign Service) – he served in Korea from 27 March 1968 to 19 April 1969
* item 38 (Record of Assignments):

* he performed duties as a Ward Specialist in duty MOS 91B2O in Korea 
* he was assigned to the 11th Evacuation Hospital in Korea from 30 March 1968 to 19 April 1969
* he received conduct and efficiency ratings of "excellent" for the period 30 October 1967 to 30 March 1968

* Item 41 (Awards and Decorations):  

* lists award of the National Defense Service Medal, Armed Forces Expeditionary Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  A review of his personnel records didn't reveal orders which show he was awarded the Combat Infantryman Badge or that he served in Vietnam.  

6.  His disciplinary history includes his acceptance of nonjudicial punishment under Article 15, Uniform Code of Military Justice on 30 December 1968 for entering a compound without a valid pass.

7.  He was discharged on 7 December 1970 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial.  He completed 1 year, 11 months, and 4 days of active military service with 442 days of lost time.  

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the National Defense Service Medal.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  This regulation states:  

	a.  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.  

   b.  the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.

   c.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

   d.  the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  Qualifying service for this award includes service in Korea during the period 1 October 1966 to 30 June 1974.  
   
   e.  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.
   
10.  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 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.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service record shows he completed training as a Medical Specialist and he was properly awarded MOS 91B.  

2.  Based on Army Regulation 600-8-22, award of the Combat Infantryman Badge requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy.  The applicant's service record does not contain evidence that shows he met all the requirements for award of the Combat Infantryman Badge.  Therefore, there is no basis for granting him award of the Combat Infantryman Badge.  

3.  His service record is void of evidence and he has not provided any evidence which shows he served in Vietnam.  Therefore, he is not eligible for award of the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with Device (1960).  

4.  He received one Article 15, had a record of 442 days of lost time, and was discharged from active duty under the provisions of Army Regulation 635-200, chapter 10 in lieu of trial by court-martial.  Therefore, these are disqualifying factors for award of the Army Good Conduct Medal.  

5.  Orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, this badge should be added to his DD Form 214.  

6.  He served a period of qualifying service in Korea for award of the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.  Therefore, his DD Form 214 should be amended to reflect these awards.
	








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  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 his DD Form 214 to add the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Armed Forces Expeditionary Medal, and Korea Defense Service Medal.

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 award of the Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Army Good Conduct Medal.  



      _______ _   _______   ___
               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)                                         AR20110010683





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ABCMR Record of Proceedings (cont)                                         AR20110010683



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