IN THE CASE OF:	 

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110015391 


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 award of the Combat Infantryman Badge (CIB), Presidential Unit Citation (PUC), "Army Meritorious Unit Citation" (properly called the Meritorious Unit Commendation (MUC)), and "Army Presidential Unit Citation."

2.  He states he is a Vietnam veteran who was assigned to the 5th and 23d Infantry Divisions.  He states, in effect, he served in combat from 1971 to 1972, but was not issued the CIB.  He states this was an oversight by his unit in Vietnam.

3.  He provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* orders discharging him from the U.S. Army Reserve
* two pages of his DA Form 20 (Enlisted Qualification Record)
* correspondence from the National Personnel Records Center, St. Louis, MO, pertaining to his decorations 

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 13 November 1969.  After completing initial entry training, he was awarded military occupational specialty (MOS) 63B (Light-Wheel Vehicle Mechanic).  His record shows he served in MOS 63B throughout his Army service.

3.  His DA Form 20 shows in:

* item 31 (Foreign Service) he was credited with service in Vietnam from 9 June 1971 to 20 March 1972
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with:

* Company C, 75th Support Battalion, 1st Brigade, 5th Infantry Division (Mechanized), from 25 June to 25 August 1971
* Headquarters and Company A, 23d Medical Battalion, from 26 August to 12 November 1971
* Class I Company, U.S. Army Depot, Qui Nhon, from 13 November 1971 to 19 March 1972

* item 38 he received all "excellent" conduct and efficiency ratings

4.  His record is void of documentation showing he served as an infantryman or held an infantry MOS.

5.  He was honorably released from active duty on 24 March 1972 under a phase-down release program.  He completed 2 years, 4 months, and 12 days of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized the following:

* National Defense Service Medal
* Army Commendation Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* one Overseas Service Bar
* Vietnam Service Medal (VSM)

7.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 (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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

	a.  The pamphlet does not show that any of the units the applicant served with in Vietnam were cited for award of the PUC or an "Army Presidential Unit Citation."  

	b.  The pamphlet does show Headquarters and Company A, 23d Medical Battalion, was cited for award of the MUC for the period 1 January 1968 to 31 August 1969, by Department of the Army General Orders (DAGO) Number 53, dated 1970.  

9.  Review of the applicant's record indicates he is entitled to additional awards not shown on his DD Form 214.

10.  Special Orders Number 15, issued by Headquarters, U.S. Army Training Center and Fort Campbell, Fort Campbell, KY, dated 16 January 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

12.  His record is void of documentation showing he was convicted by court-martial or that he received a commander's disqualification for award of the AGCM.

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with three campaigns:  

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

13.  DAGO 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam (USARV), and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not serve in an infantry MOS during his service in Vietnam.  Further, he was assigned to duty in Vietnam with a support battalion, a medical battalion, and a depot, none of which are infantry units.  Therefore, he is not eligible for award of the CIB.

2.  He did not serve in a unit that was cited for award of the PUC or "Army Presidential Unit Citation."  Therefore, he is not entitled to correction of his record to show the PUC or "Army Presidential Unit Citation."

3.  He received all "excellent" conduct and efficiency ratings throughout his service, and there is no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 13 November 1969 to 24 March 1972 and to correct his DD Form 214 to show this award.

4.  He was awarded the VSM and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the previously-awarded VSM.

5.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

6.  He served in a unit during a period for which it was cited for award of the MUC, and he served in units subordinate Headquarters, USARV, during a period for which the command and its subordinate units were cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 AGCM (1st Award) for the period 13 November 1969 to 24 March 1972; 

	b.  deleting the VSM from item 24 of his DD Form 214; and

	c.  adding to item 24 of his DD Form 214 the:

* AGCM
* VSM with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* MUC
* RVN 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 the CIB, PUC, and "Army Presidential Unit Citation." 



      _______ _   _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)                                         AR20110015391





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ABCMR Record of Proceedings (cont)                                         AR20110015391



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