IN THE CASE OF:	  

		BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20110015313 


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 Combat Infantryman Badge and a unit commendation (in effect the Meritorious Unit Commendation).

2.  The applicant states these awards were left off his DD Form 214.  He states he served as a security guard with a military police (MP) unit from September 1967 to until January 1968.

3.  The applicant provides:

* his DD Form 214
* Headquarters, United States Army, Vietnam General Orders Number 1389, dated 28 March 1968
* a letter of appreciation, dated 30 March 1968, from Headquarters, U.S. Army, Headquarters (HQUSAHQ) Area Command
* his record of assignments from his DA Form 20 (Enlisted Qualification Record)
* a letter, dated 10 February 1968, from HQUSAHQ Area Command

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.  He was inducted into the Army of the United States on 2 November 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71B (Clerk Typist).  

3.  He served in the Republic of Vietnam from 18 September 1967 to 
13 September 1968.  He was assigned to:

* the 716th MP Battalion from 26 September 1967 to 11 January 1968
* HQUSAHQ Area Command from 12 January to 13 September 1968

4.  On 2 November 1966, he was released from active duty.  He completed 
1 year, 10 months, and 15 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968) 
* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968) 

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  

	a.  During the time of his assignment to the 716th MP Battalion his unit was awarded the:

* Meritorious Unit Commendation (Army) from 1 January - 31 October 	1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit 
	Citation from 17 April 1965 - 18 April 1968

	b.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

7.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

8.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The regulation specifies a recipient of the Combat Infantryman Badge must have an infantry MOS and must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

2.  He was not assigned to an infantry unit and he did not have an infantry MOS. Therefore, he is not eligible for award of the Combat Infantryman Badge.


3.  Based on his service in the Republic of Vietnam with the 716th MP Battalion he is authorized the:

* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

4.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.  

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.  deleting the Vietnam Service Medal from item 24 of his DD Form 214 and
   
   b.  adding the following awards to item 24 of his DD Form 214:

* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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.  




      _______ _   _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)                                         AR20110015313



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110015313



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1