BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110020860 


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 addition of the Army Commendation Medal (ARCOM) and the Combat Infantryman Badge (CIB) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* he was awarded the ARCOM by General Orders
* he was in the infantry for 6 months as a forward observer (RTO, or Radio Telephone Operator)
* he engaged in active ground combat
* he possessed the "appropriate skill code"

3.  The applicant provides:

* DA Form 1577 (Authorization for Issuance of Awards)
* General Orders Number 2850, Headquarters, 4th Infantry Division, Vietnam, dated 4 September 1967
* ARCOM Certificate and Citation
* Wikipedia entry for the CIB
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* National Personnel Records Center letter, 10 October 2011



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 served in the Army of the United States (AUS) from 4 February 1966 to 2 February 1968.  He was trained in and awarded military occupational specialty (MOS) 13E (Field Artillery Operations and Intelligence Specialist).

3.  The applicant served in Vietnam from on or about 15 September 1966 to on or about 13 August 1967 with Headquarters and Service Battery, 6th Battalion, 29th Artillery, 4th Infantry Division.  His duty MOS was 13E2O and his principal duty was RTO.

4.  The applicant's DD Form 214 shows he was awarded:

* Vietnam Service Medal with 1 bronze service star
* Overseas Service Bar (1)
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Good Conduct Medal

5.  General Orders awarded the applicant the ARCOM for:

…meritorious service in support of United States objectives in the Republic of Vietnam during the period October 1966 to August 1967 while serving as a member of Headquarters and Service Battery, 6th Battalion, 29th Artillery, 4th Infantry Division.  His constant and diligent devotion to duty earned him the respect and confidence of all members of his unit.  He performed his duties as a Fire Direction Chart Operator in an outstanding manner….

6.  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.

7.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed advisor positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio/telephone operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

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 the unit to which the applicant was assigned was cited for award of:

* the Presidential Unit Citation for the period 18 – 26 May 1967 by Department of the Army General Order (DAGO) Number 69, dated 1969
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO Number 3, dated 1970
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO Number 53, dated 1970

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The applicant served in Vietnam during 4 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
* Vietnam Counteroffensive, Phase V, 1 July 1968 – 1 November 1968



10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal CIB orders pertaining to the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM by General Orders.  it should be added to his DD Form 214.

2.  The applicant claims he should be awarded the CIB because he was an RTO in an infantry unit and was present when the unit engaged in active ground combat.  His records do not reflect an assignment to an infantry company as an RTO; they reflect his assignment to Headquarters and Service Battery, 6th Battalion, 29th Artillery, 4th Infantry Division.  Additionally, his citation for the ARCOM states he was a "Fire Direction Chart Operator" during his tour in Vietnam, not an RTO.  The evidence does not support award of the CIB.

3.  The applicant is entitled to other awards which do not appear on his DD Form 214.  He is entitled to wear 4 bronze service stars on his already-awarded Vietnam Service Medal.  Additionally, he is entitled to the following unit awards to be added to his DD Form 214:

* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 the:

* ARCOM
* 4 bronze service stars for his Vietnam Service Medal
* Presidential Unit Citation
* 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 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)                                         AR20110020860





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ABCMR Record of Proceedings (cont)                                         AR20110020860



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