IN THE CASE OF:	

		BOARD DATE:	  27 March 2012

		DOCKET NUMBER:  AR20110017797 


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) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars

2.  He states these awards were omitted from his DD Form 214.

3.  He provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record).

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 10 January 1966.  After completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 36K (Tactical Wire Operations Specialist).  He was honorably released from active duty on 19 December 1968 and credited with 2 years, 11 months, and 10 days of active duty service.

3.  His DA Form 20 shows in:

	a.  item 31 (Foreign Service) that he served under the U.S. Army Pacific in Vietnam from 12 July 1967 through 12 June 1968;

	b.  item 38 (Record of Assignments) that he was assigned to Company C, 52nd Infantry Regiment, 716th Military Police Battalion, during his service in the Republic of Vietnam.  Additionally, he served in duty MOS 11B (Light Weapons Infantryman) with principal duty as a security guard.

	c.  item 41 (Awards and Decorations) that he was awarded the following:

* National Defense Service Medal
* VSM
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the National Defense Service Medal.

5.  His military service records do not contain any orders awarding him the CIB.

6.  Army Regulation 600-8-22 (Military Awards) states the CIB 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 (Decorations and Awards) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

7.  Appendix B of Army Regulation 600-8-22 states a bronze service star is authorized for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:
* 
Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows that during the period the applicant was assigned, Company C, 52nd Infantry Regiment, was cited for award of the Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 17, dated 1969.  Additionally, the unit was awarded the Meritorious Unit Commendation by DAGO Number 48, dated 1969.  This pamphlet also shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 by DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records to show the applicant was awarded or entitled to award of the CIB.  Although the evidence of record shows he was assigned to Company C, 52nd Infantry Regiment, in duty MOS 11B, there is no evidence to show he was personally present while the unit was engaged in active ground combat and he actively participated in such ground combat.  Therefore, there is insufficient evidence to show he met the minimum eligibility criteria for award of the CIB.

2.  His DA Form 20 verifies he was awarded or authorized the VSM, the Republic of Vietnam Campaign Medal with Device (1960), and two overseas service bars. 
Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record shows he was assigned to a unit that was awarded the Presidential Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the periods cited in orders.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The evidence shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be worn on his already-awarded VSM.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 adding the following awards to item 24 of his DD Form 214:

* VSM with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two overseas service bars

2.  The Board further determined 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 CIB.



      ____________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)                                         AR20110017797



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017797



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1