IN THE CASE OF:	  

		BOARD DATE:  22 February 2012

		DOCKET NUMBER:  AR20110015287 


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 the Bronze Star Medal and Combat Infantryman Badge
* correction to the service number and social security number (SSN) shown on his Bronze Star Medal orders, citation, and certificate

2.  The applicant states: 

* the last digit of his service number is "7" and the seventh digit of his SSN is "5"
* his SSN was corrected on his DD Form 214 with the issuance of a DD Form 215 (Correction to DD Form 214) last year
* he noticed the Bronze Star Medal, marksmanship badges with pistol and machine gun bars, and unit citations are missing from his DD Form 214
* his DD Form 214 does not list the Combat Infantryman Badge and he requests this award and any other awards be added to his DD Form 214

3.  He provides:

* DA Form 20 (Enlisted Qualification Record) pages 1 and 4
* Bronze Star Medal orders, citation, and certificate
* DD Form 214
* DD Form 215
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 military record contains a DD Form 398 (Statement of Personal History), dated 14 August 1966, which shows the seventh digit of his SSN as "5."  

3.  He was inducted into the Army of the United States on 16 August 1966.  At the time of his entry on active duty, he was assigned and identified throughout his military service with an Army Service Number, which began with the prefix "US" to indicate he was an inductee, of "US-XX-XXX-XX7."

4.  Item 1 (Name and Service Number) of his DA Form 20 which was created upon his entry on active duty shows the last digit of his service number as "7."

5.  He completed training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  

6.  He served in Vietnam from 10 April 1967 through 6 April 1968, during four campaigns.  He was assigned to:

* Headquarters and Headquarters Company, 1st Battalion, 27th Infantry, 25th Infantry Division, from 15 April 1967 to 18 August 1967
* Company D, 1st Battalion, 27th Infantry, 25th Infantry Division, from 19 August 1967 to 3 April 1968

7.  General Orders Number 1418, issued by Headquarters, 25th Infantry Division, on 21 March 1968, awarded him the Bronze Star Medal for meritorious service in Vietnam during the period April 1967 to April 1968.

8.  He provided copies of the resulting citation and certificate for the Bronze Star Medal.  The last of digit of his service number is shown as a "9" and the seventh digit of his SSN is shown as a "7" on the documents.

9.  He was honorably released from active duty on 21 September 1968, at the expiration of his term of service, and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 2 years and 13 days of net active service.  He was also credited with time lost from 4 through 7 November 1966 and 16 May through 3 June 1968.

10.  The DD Form 214 he was issued at the time shows in Item 3 (SSN) the entry "XXX-XX-X8XX."  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this form lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960

11.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar and Expert Marksmanship Qualification Badge with Pistol Bar; however, the Combat Infantryman Badge is not listed.

12.  There is no evidence of record and the applicant did not provide any evidence that he was awarded the Combat Infantryman Badge while serving in Vietnam.  There is also no evidence that he participated in active ground combat with his infantry unit during his period of service in Vietnam.

13.  On 25 March 1998, in response to his request, he was issued a DD Form 215 correcting Item 3 (SSN) of his DD Form 214 to reflect the seventh digit of his SSN as a "5."

14.  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.

15.  U.S. Army Vietnam (USARV) Regulation Number 672-1 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 is 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 and to enlisted and warrant officer persons who have an infantry 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.

16.  Army Regulation 600-8-22 also states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 1st Battalion, 27th Infantry, was cited for:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 - August 1968 by Department of Army General Orders Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 - 21 January 1970 by Department of Army General Orders Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal for meritorious service in Vietnam.  This award is not shown on his DD Form 214.  Therefore, he is entitled to correction to his DD Form 214 to show the Bronze Star Medal.

2.  The orders for the Bronze Star Medal show the last digit of his service number as a "9" and the seventh digit of his SSN as a "7."  The citation and resulting certificate issued for this award also shows the last digit of his service number as a "9."  Therefore, he is entitled to have his Bronze Star Medal orders, citation, and certificate corrected to show the last digit of his service number as a "7" and the seventh digit of his SSN as a "9."

3.  The evidence of record also confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.

4.  The evidence of record also shows he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar and Expert Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is also entitled to the addition of these badges to his DD Form 214.

5.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation for his period of service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

6.  With respect to the Combat Infantryman Badge:

	a.  the evidence of record does not show he was awarded the Combat Infantryman Badge and he provides no evidence, such as Combat Infantryman Badge orders, to show he was awarded the badge.  Although he served in an infantry MOS and in an infantry unit during his service in Vietnam, it does not confirm and he has not sufficiently shown that he was personally present and participated in active ground combat while assigned or attached to this infantry unit.

	b.  the Combat Infantryman Badge is not automatically awarded to a Soldier for being shot at or for undergoing the hazards of day-to-day combat.  Therefore, lacking sufficient evidence as required by the governing regulation there is an insufficient evidentiary basis for awarding him the Combat Infantryman Badge or adding it to his 1967 DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

* correcting his Bronze Star Medal orders, citation, and certificate to reflect the service number as shown on his DA Form 20 and the social security number as shown on his DD Form 398
* deleting from Item 24 of his DD Form 214 the entry, "Vietnam Service Medal"
* adding the following awards to Item 24 on his DD Form 214:

* Bronze Star Medal
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Expert Marksmanship Qualification Badge with Pistol Bar
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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 of so much of the application that pertains to award of the Combat Infantryman Badge and its addition to his DD Form 214.



      _______ _   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)                                         AR20110015287





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ABCMR Record of Proceedings (cont)                                         AR20110015287



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