IN THE CASE OF:

		BOARD DATE: 12 July 2012

		DOCKET NUMBER:  AR20110022573
 

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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, Army Commendation Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

2.  The applicant states he served in Vietnam from November 1970 through April 1972 as shown on his DD Form 214, and his primary military occupational specialty (MOS) was 11B (Light Weapons Infantryman).  He received a letter from the National Personnel Records Center that states he was awarded the medals shown above, except for the Combat Infantryman Badge.
 
3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record)
* Army Commendation Medal certificate for the period 29 November 1970 to 25 March 1971
* DD Form 214
* letter from the National Personnel Records Center, dated 22 September 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 enlisted in the Regular Army on 9 February 1970.  He completed training and was awarded MOS 11B.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned in Vietnam to the 52d Aviation Company as a senior rifleman from 8 November 1970 through 27 February 1971.  He was then assigned to Headquarters and Headquarters Company, 52d Aviation Battalion, as a senior security guard from 28 February 1971 until on or about 25 April 1972 when he returned to Fort Lewis, WA, for release from active duty on 26 April 1972.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, and Republic of Vietnam Campaign Medal with Device (1960).

5.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with Machine Gun and Pistol Bars and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Headquarters, 1st Aviation Brigade, General Orders Number 2700, dated 30 March 1971, show he was awarded the Army Commendation Medal for meritorious achievement in Vietnam during the period 29 November 1970 to 25 March 1971.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 26 April 1972 as a specialist four/E-4.  He completed 2 years, 2 months, and 18 days of net active duty service.

8.  His DD Form 214 shows award of the National Defense Service Medal.

9.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  He received all "excellent" conduct and efficiency ratings with the exception of "unknown" ratings for an assignment as a student.
10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  There must have been no convictions by a court-martial.

11.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army Forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge was not an award for being shot at or for undergoing the hazards of day-to-day combat."  U.S. Army Vietnam Regulation 672-1 also provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

13.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following four 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
* Vietnam Cease-Fire	30 March 1972-28 January 1973

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


Republic of Vietnam.  This pamphlet shows that Headquarters and Headquarters Company, 52d Aviation Battalion, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970-31 August 1972 by Department of the Army General Orders (DAGO) Number 6, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August-30 November 1971 by DAGO Number 32, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he was awarded or authorized the Army Commendation Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Machine Gun and Pistol Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant's record clearly shows he distinguished himself in the performance of his military service as evidenced by his receipt of a personal decoration.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that the applicant not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

3.  Records show the applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  During the applicant's assignment in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  His DD Form 214 should be corrected to show these awards.

6.  The available evidence clearly shows the applicant was awarded an infantry MOS.  However, there is no available evidence showing he was assigned to an infantry unit of brigade, regimental, or smaller size while serving in the Republic of Vietnam.  Therefore, his request to add the Combat Infantryman Badge to his DD Form 214 should be denied.



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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 9 February 1970 through 26 April 1972 and

	b.  adding the following awards to his DD Form 214:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun and Pistol Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

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 awarding the applicant 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20110022573



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