IN THE CASE OF:	  

		BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110013943 


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 two awards he received be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states he would appreciate help in getting his records straight.  He claims he received the Army Commendation Medal (ARCOM) and feels he should be awarded the Combat Infantryman Badge (CIB) based on his infantry service in the Republic of Vietnam (RVN).  

3.  The applicant provides a DA Form 137 (Installation Clearance Record) and Record of Assignments in support of his application.  

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’s record shows he was inducted into the Army on 4 November 1966, and was trained in and awarded military occupational specialty (MOS) 36K (Wireman).  He was promoted to sergeant/E-5 (SGT/E-5) on 30 May 1968, and this was the highest rank he attained while serving on active duty.  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant served in the RVN from 2 August 1967 through 1 August 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company B, 1st Battalion, 12th Cavalry Regiment, performing duties as a team leader in duty MOS 11B (Light Weapons Infantryman).  Item 38 also confirms the applicant received “excellent” conduct and efficiency ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not include the ARCOM or CIB.

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any orders or other documents indicating the applicant was actually reclassified into or awarded MOS 11B.  It also contains no orders or documents showing the applicant was recommended for or awarded the CIB, or that confirms his personal participation with a qualifying infantry unit while it was engaged in active ground combat.   

5.  The applicant’s MPRJ does contain Headquarters, 1st Air Cavalry Division General Orders Number 8881, dated 21 July 1968.  These orders awarded the applicant the ARCOM for meritorious service during the period August 1967 to August 1968.  The MPRJ is also void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  

6.  On 3 August 1968, the applicant was honorably released from active duty, in the rank of SGT/E-5, after completing 1 year and 9 months of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with 60 Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Air Medal (AM) 
* 2 Overseas Service Bars



7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant’s tenure in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase III 
(1 June 1967- 29 January 1968), TET Counteroffensive (30 January-1 April 1968), Vietnam Counteroffensive Phase IV (2 April-30 June 1968), and Vietnam Counteroffensive Phase V (1 July-1 November 1968). 

8.  Chapter 8 of the same regulation contains guidance on combat and special skill badges.  Paragraph 8-6 contains guidance on award of the CIB.  It states that in order to support award of the CIB there must be evidence the member held and served in an infantry MOS; that he served in an infantry unit of brigade, regimental, or smaller size; and that he was present with and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Service in a combat area and campaign participation credit alone do not support award of the CIB.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 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.  

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  There must have been no convictions by a court-martial.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment tenure, the applicant's unit (1st Battalion, 12th Cavalry Regiment) was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965-19 May 1969 by Department of the Army General Orders 56, dated 1969.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the ARCOM and CIB to his DD Form 214 has been carefully considered and found to have partial merit.  The record contains orders confirming the applicant was awarded the ARCOM for meritorious service during the period August 1967 to August 1968.  Therefore, it would be appropriate to add this award to his DD Form 214.  

2.  The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, his record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 4 November 1966 through 3 August 1968 and to add this award to his DD Form 214.

3.  The record also shows that based on his service and campaign participation in the RVN, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation and 4 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214. 

4.  The applicant’s request for the CIB has also been carefully considered.  However, there is insufficient evidence to support this claim.  By regulation, there must not only be evidence that the member served as an infantryman in a qualifying infantry unit, but also that he was personally present with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The record confirms the applicant was never awarded an infantry MOS and it is void of orders or other documents indicating he was recommended for or awarded the CIB, or that confirms his personal presence and participation with his unit while it was actively engaged in ground combat with enemy forces.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 

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:

	a.  Awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 4 November 1966 through 3 August 1968; and 

	b.  Amending item 24 of his DD Form 214 by deleting the current Vietnam Service Medal entry and replacing it with the entry “Vietnam Service Medal with
4 bronze service stars" and adding the Army Commendation Medal, Army Good Conduct Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

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 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)                                         AR20110013943



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013943



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1