IN THE CASE OF:	  

		BOARD DATE:  17 July 2012

		DOCKET NUMBER:  AR20120000723 


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:

	a.  his social security number (SSN) be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 23 May 1968; and

	b.  the Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Combat Infantryman Badge (CIB) be added to his DD Form 214 for the period ending 6 December 1971.

2.  The applicant states:

* His SSN is "X7X-XX-XXXX" not  X6X-XX-XXXX"
* He earned the badges

3.  The applicant provides:

* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* DD Forms 214 for the periods ending 23 May 1968 and 6 December 1971  




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 21 July 1967 for a period of 
3 years.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  On 23 May 1968, he was honorably discharged for immediate reenlistment.  

3.  Item 3 of his DD Form 214 for the period ending 23 May 1968 shows his SSN as "X6X-XX-XXXX."  This DD Form 214 shows the:

* Parachutist Badge
* National Defense Service Medal

4.  His DA Form 41 (Record of Emergency Data) shows his SSN as "X7X-XX-XXXX."

5.  Orders, dated 7 September 1967, show he received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Orders, dated 20 November 1967, show he received the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 

7.  He reenlisted on 24 May 1968 for a period of 4 years. He was awarded primary MOS 35K (avionics mechanic) on 14 February 1969.  His DA Form 
20 (Enlisted Qualification Record) shows:

* he arrived in Vietnam on 10 April 1969 and he served in MOS 35K assigned to the 61st Assault Helicopter Company in Vietnam from 21 April 1969 to 9 April 1970 


* he arrived in Vietnam on 22 November 1970 and he served in MOS 35K assigned to the 131st Aviation Company from 27 November 1970 to
5 December 1971

8.  On 6 December 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Stand By) to complete his remaining service obligation. 
   
9.  Item 3 of his DD Form 214 for the period ending 6 December 1971 shows his SSN as "X7X-XX-XXXX."  This DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 

10.  There are no orders for the CIB in the available records. 

11.  Records show he participated in six campaigns during his assignment in Vietnam.

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  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) provides 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.

14.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB was the unique award 


established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the CIB was authorized for award to officers, enlisted personnel, and warrant officers who held an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 41 and his DD Form 214 for the period ending 
6 December 1971 show his SSN as "X7X-XX-XXXX."  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 23 May 1968 to reflect his SSN as "X7X-XX-XXXX."

2.  Orders show he received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  His DD Form 214 for the period ending 6 December 1971 should be corrected to show these badges. 

3.  He contends he earned the CIB.  However, there are no orders for the CIB in the available records.  Evidence shows he served in MOS 35K while assigned to aviation companies during his assignments in Vietnam.  There is no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Regrettably, there is insufficient evidence on which to add the CIB to his DD Form 214 for the period ending 6 December 1971.

4.  He participated in six campaigns during his assignments in Vietnam which entitles him to the Vietnam Service Medal with one silver service star and one bronze service star.  His DD Form 214 for the period ending 6 December 1971 should be corrected to show this award.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 for the period ending 6 December 1971 to show this unit award.


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:

	a.  deleting the current SSN entry from his DD Form 214 for the period ending 23 May 1968 and replacing it with the SSN shown on his DD Form 214 for the period ending 6 December 1971; and 

	b.  adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal to his DD Form 214 for the period ending 6 December 1971.     

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 adding the CIB to his DD Form 214 for the period ending 6 December 1971.



      ___________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)                                         AR20120000723





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ABCMR Record of Proceedings (cont)                                         AR20120000723



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