IN THE CASE OF:	  

		BOARD DATE:	    24 April 2012

		DOCKET NUMBER:  AR20110018799 


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

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Infantryman Badge
* Combat Infantryman Badge (3rd Award)

2.  The applicant states he would like to know if he is entitled to any awards received by the:

* 101st Airborne Division
* 25th Infantry Division
* 2nd Infantry Division, Korea

3.  The applicant provides no additional evidence.

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 requested that the Republic of Vietnam Campaign Medal with Device (1960) be added to his DD Form 214.  His DD Form 214 for the period ending 30 December 1974 shows he was awarded the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, this portion of the applicant's request will not discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 29 November 1968 and he held MOS 76Y (Armorer/Unit Supply Specialist).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.  On 30 October 1970, he was honorably discharged for the purpose of immediate reenlistment.  On
31 October 1970, he reenlisted for a period of 4 years.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he served in the following overseas assignments:

* Republic of Vietnam:

* U.S. Army Depot Qui Nhon, 29 June to 24 September 1969, security guard (95B)
* Headquarters and Headquarters Battery (HHB), Division Artillery (Divarty), 25th Infantry Division (ID), 25 September 1969 to 
27 November 1970, supply clerk (76A/76Y)

* Korea:

* Headquarters and Headquarters Company (HHC), 2nd Battalion, 9th ID, 19 May to 16 June 1971, supply (76A)
* HHC, 1st Battalion, 31st Infantry, 2nd ID, 17 June 1971 to 
29 April 1972, supply (76A)
* HHC, 1st Battalion, 31st Infantry, 2nd ID, 30 April to 29 June 1972, operations assistant (11F)
* HHC, 1st Battalion, 31st Infantry, 2nd ID, 30 June to 29 September 1972, as a personnel carrier driver (11B)


* HHC, 1st Battalion, 31st Infantry, 2nd ID, 30 September 1972 to
26 December 1972, armorer (76Y)
* Company B, 1st Battalion, 31st Infantry, 2nd ID, 27 December 1972 to 7 February 1973, unknown duty MOS 

5.  He was honorably discharged on 30 December 1974 at the expiration of his term of service.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Bronze Star Medal
* Army Commendation Medal
* Armed Forces Expeditionary Medal (Korea)
* Sharpshooter Marksmanship Qualification Badge (M-14)
* Expert Marksmanship Qualification Badge (M-16)

6.  There is no evidence and he did not provide any evidence showing he was awarded the Expert Infantryman Badge or any Combat Infantryman Badges by official orders.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  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.
	c.  The Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows HHB, Division Artillery, 25th ID, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 November 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period April 1966 through 21 January 1970 by DAGO Number 51, dated 1971

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served a qualifying period of service in Korea for the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  One of his units in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class unit citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  The award of the Combat Infantryman Badge requires the Soldier to be an infantryman performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.  The available record shows that during his service in Vietnam he performed the duties of a security guard and supply clerk while assigned to an Infantry unit.  As such, he did not meet the basic criteria for the Combat Infantryman Badge.  Therefore, there is no basis for granting this portion of his request.

4.  His records do not contain official orders awarding him the Expert Infantryman Badge.  Additionally, there is no evidence of record and he did not provide any evidence that shows he had satisfactorily held an infantry or special forces MOS or that he completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  Therefore, there is no basis for granting this portion of his request.

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 adding to his DD Form 214 for the period ending 30 December 1974 the:

* Korea Defense Service Medal
* 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 Expert Infantryman Badge and any 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)                                         AR20110018799



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ABCMR Record of Proceedings (cont)                                         AR20110018799



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