IN THE CASE OF:	  

		BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110016884 


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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his award of the Army Commendation Medal, Good Conduct Medal, and the Combat Infantryman Badge.

2.  The applicant states his award of the Army Commendation Medal, Good Conduct Medal, and the Combat Infantryman Badge were omitted from his DD Form 214 due to poor record keeping.

3.  The applicant provides copies of his DD Form 214, DA Form 20 (Enlisted Qualification Record), orders awarding him the Good Conduct Medal and an Additional Skill Identifier, and a statement from a fellow Soldier with a copy of that Soldier's DD Form 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 27 January 1969 and completed training that included basic airborne training and the scout dog handlers course.  His initial military occupational specialty was 11F (Infantry Operations and Intelligence Specialist).

3.  On 8 June 1969 he was awarded the primary MOS 11B2DP (Light Weapons Infantryman with dog handler (D) and parachutist (P) qualification).  

4.  The applicant served in Vietnam with the 39th Infantry Scout Dog Platoon (IPSD), 173rd Airborne Brigade from 25 February 1970 through 8 December 1970.

5.  173rd Airborne Brigade General Orders Number 3200, dated 9 December 1970, awarded the applicant the Good Conduct Medal.

6.  His DA Form 20 (Enlisted Qualification Record) shows award of the Vietnam Service Medal and the Expert Marksmanship Qualification Badge with Machinegun Bar.  It also shows service during one campaign period.

7.  The record contains no documentation of award of the Army Commendation Medal or the Combat Infantryman Badge.  

8.  The applicant was honorably released from active duty on 11 December 1970.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal but does not include award of the medals the applicant is requesting.

9.  The Soldier, offering the letter of support states, he met the applicant in Vietnam while also serving with 39th IPSD.  They rotated the job of walking point with their dogs for patrols.  He reports seeing the applicant being awarded the Air Medal, Army Commendation Medal, Good Conduct Medal, and the Combat Infantryman Badge.  His DD Form 214 shows he the held the MOS of 11F2PL and had completed the Scout Dog Handlers course.  

10. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to locate any indication of any awards for this Soldier. 

11.  Army Regulation 600-8-22  (Military Awards) states:

	a.  the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguish themselves by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required;

	b.  the Combat Infantryman Badge is awarded to infantry personnel serving in an infantry MOS.  The basic requirements are; the Soldier must have an infantry specialty while assigned or attached to an infantry unit of brigade, regimental, or smaller size during a period that unit was engaged in active ground combat, and they must be personally present and under hostile fire while serving in that unit; and

	c.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  the Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970; DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that his award of the Army Commendation Medal, Good Conduct Medal, and the Combat Infantryman Badge were omitted from his DD Form 214 due to poor record keeping.

2.  The statement provided by fellow Soldier is insufficient documentation to show that the applicant was awarded the Army Commendation Medal or the Combat Infantryman Badge.

3.  The applicant's contention that he is entitled to the Combat Infantryman Badge was carefully considered.  However, there is insufficient evidence to support this claim.  By regulation, in order to qualify for the Combat Infantryman Badge, a member must not only hold an infantry MOS and serve with a qualifying infantry unit, there must also be evidence that he was personally present with the qualifying infantry unit when it was engaged in active ground combat, and that that he participated in such ground combat.  Holding an infantry MOS, being assigned to a qualifying unit, going on patrols, and receiving campaign credit alone are not sufficient to support award of the Combat Infantryman Badge.

4.  The applicant was awarded the Good Conduct Medal, on 9 December 1970, qualified as an expert with the machinegun, and served in Vietnam during three campaign periods.  His DD Form 214 does not reflect these awards and qualification.

5.  Based on the above, it is appropriate to correct the applicant's DD Form 214 by adding the Good Conduct Medal, Expert Marksmanship Qualification Badge with Machinegun Bar, and showing that he is authorized to wear three bronze service stars on his Vietnam Campaign 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 showing that, in addition to the awards shown on the DD Form 214, the applicant is authorized award of the Good Conduct Medal, Expert Marksmanship Qualification Badge with Machinegun Bar, and showing that he is authorized to wear three bronze service stars on his Vietnam Campaign Medal.

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 Army Commendation Medal and 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)                                         AR20110016884



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016884



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1