IN THE CASE OF:	  

		BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110013666 


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 his social security number (SSN) as "244-XX-XXXX" instead of "224-XX-XXXX" and to add the Combat Infantryman Badge, Bronze Star Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he was given orders and received all of the previously-stated awards except the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant provides copies of his DD Forms 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 enlisted in the Regular Army on 4 June 1962.  He completed training and was awarded military occupational specialty (MOS) 131.10 (Armor Crewman).  He was honorably released from active duty on 3 June 1965 and  was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  The highest rank/grade he attained while serving on active duty during this period was specialist five/E-5.

3.  Item 32 (Remarks) of his DD Form 214 for the period ending 3 June 1965 shows his SSN as "244-XX-XXXX."  Item 24c (Foreign and/or Sea Service) shows he served in Korea for 1 year and 10 days.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Pistol Bar

4.  His record contains General Orders Number 40 issued by Headquarters, 197th Infantry Brigade, dated 21 May 1965, which show he was awarded the Army Good Conduct Medal (1st Award).

5.  On 11 August 1965, the applicant again enlisted in the Regular Army.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he was stationed in Germany from 7 November 1966 through 20 August 1967 and in the Republic of Vietnam from 28 September 1967 through 2 August 1968 where he was assigned to Troop F, 17th Cavalry Regiment, 196th Infantry Brigade.  On 2 August 1968, he was honorably discharged.  The highest rank/grade he attained while serving on active duty during this period was staff sergeant/E-6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 2 August 1968 shows:

* National Defense Service Medal
* Purple Heart
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

6.  Item 3 (SSN) of the applicant's DD Form 214 for the period ending 2 August 1968 shows his SSN as "224-XX-XXXX."

7.  His record contains General Orders Number 4613 issued by Headquarters, Americal Division, dated 20 July 1968, which show he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from August 1967 through August 1968.

8.  The Combat Infantryman Badge is not included in the list of earned awards contained in item 41 (Awards and Decorations) of his DA Form 20 and the applicant's Military Personnel Records Jacket is void of orders or any other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge at any time during his active duty tenure.

9.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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 600-8-22 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.

11.  U.S. Army Vietnam Regulation 672-1 also stated the criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that 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 is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  A bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that 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. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973.

14.  A review of documents contained in the applicant's military personnel records shows his SSN appears as both "244-XX-XXXX" and "224-XX-XXXX" on several documents throughout his tenure of service.  

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time of the applicant's separation stated the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his SSN as "244-XX-XXXX" instead of "224-XX-XXXX" and to add the Combat Infantryman Badge, Bronze Star Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation was carefully considered and found to have partial merit.

2.  General orders show he was awarded the Bronze Star Medal and Army Good Conduct Medal (1st Award).  Therefore he is entitled to have his DD Form 214 corrected to show these awards.

3.  The available evidence shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal.  Therefore, he is entitled to this medal and correction of his DD Form 214 to show this medal.

4.  The applicant's records show he was previously awarded the Vietnam Service Medal.  The evidence shows he participated in four campaigns during his Republic of Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded Vietnam Service Medal.

5.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

6.  The applicant's request for correction of his DD Form 214 to show award of the Combat Infantryman Badge was carefully considered.  However, there is no evidence in his record which indicates he was ever recommended for or awarded the Combat Infantryman Badge during his active duty service.  To qualify for award of the Combat Infantryman Badge there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The available evidence shows the applicant was an infantryman assigned to an infantry unit of brigade, regimental, or smaller size during his tour in the Republic of Vietnam.  However, the evidence does not show he served in active ground combat during this period of service.  In view of the foregoing, there is no basis for granting the applicant's request.

7.  The applicant's DD Form 214 for the period ending 3 June 1965 shows his SSN as "244-XX-XXXX."  Therefore, he is entitled to correction of his DD Form 214 for the period ending 2 August 1968 to show this SSN.

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.  adding the Army Good Conduct Medal (1st Award) and Korea Defense Service Medal to his DD Form 214 for the period ending 3 June 1965;

	b.  deleting the current entry in item 3 of his DD Form 214 for the period ending 2 August 1968 and replacing it with the SSN shown in item 32 of his DD Form 214 for the period ending 3 June 1965;

	c.  deleting the Vietnam Service Medal from item 24 of his DD Form 214 for the period ending 2 August 1968; and

	d.  adding the following awards to item 24 of his DD Form 214 for the period ending 2 August 1968:

* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with four bronze service stars
* Army Good Conduct Medal (1st Award)
* Korea Defense 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 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)                                         AR20110013666



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ABCMR Record of Proceedings (cont)                                         AR20110013666



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