IN THE CASE OF:	  

		BOARD DATE:	  11 September 2008

		DOCKET NUMBER:  AR20080008300 


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 discharge document to show award of the Bronze Star Medal and Combat Infantryman Badge.

2.  The applicant states, in effect, he has his Bronze Star Medal award certificate and the Combat Infantryman Badge; however, these awards are not recorded on his discharge document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of
23 June 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’s military service records show that he enlisted in the Regular Army for a period of 3 years on 24 June 1968.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).  Item 31 (Foreign Service) shows that he served in the Republic of Vietnam (RVN) from 6 October 1969 through 2 October 1970.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to Company C, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile) (RVN) from 5 November 1969 through 1 October 1970 and he performed duties as a Squad Leader in duty MOS 11B.  Item 39 (Campaigns) of this document shows he participated in the Vietnam Summer-Fall 1969 and the Vietnam Winter-Spring 1970 campaigns.  Item 41 (Awards and Decorations) shows he was awarded the Air Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with
(M-14) Rifle Bar, and 1 Overseas Service Bar.

4.  The applicant’s military service records contain a copy of Headquarters,
1st Cavalry Division (Airmobile) (RVN), General Orders Number 16599, dated
9 September 1970 and DA Form 4980-5 (The Bronze Star Medal Certificate), dated 9 September 1970.  These documents show that the applicant was awarded the Bronze Star Medal for meritorious service, not involving participation in aerial flight, in connection with ground operations against a hostile enemy force in the RVN from October 1969 to October 1970.

5.  There are no orders in the applicant’s military service records to show that he was awarded the Combat Infantryman Badge and his DA Form 20 does not list the Combat Infantryman Badge in Item 41 (Awards and Decorations).

6.  A search of the U.S. Army Human Resources Command (USA HRC), Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce orders pertaining to an award of the Combat Infantryman Badge to the applicant during the period of his service in the RVN.

7.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 23 June 1971.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Air Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Parachutist Badge.  The DD Form 214 also shows the applicant was honorably released from active duty on
23 June 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  At the time, he was credited with completing 3 years net service this period; 3 years total active service; and 11 months and 27 days foreign service.

8.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

9.  The applicant’s military service records contain a copy of Headquarters,
1st Cavalry Division (Airmobile) (RVN), General Orders Number 7857, dated
17 May 1970 and DA Form 4980-9 (The Air Medal Certificate), dated 17 May 1970.  These documents show that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the RVN from October 1969 to May 1970.

10.  The applicant’s military service records contain a copy of Headquarters,
1st Cavalry Division (Airmobile) (RVN), General Orders Number 14977, dated
15 August 1970 and DA Form 4980-9 (The Air Medal Certificate), dated
15 August 1970.  These documents show the applicant was awarded the Air Medal (2nd Award) for meritorious achievement while participating in aerial flight in the RVN from October 1969 to August 1970.

11.  The applicant’s military service records contain a copy of Headquarters,
U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 200, dated 7 August 1968.  These orders show, in pertinent part, that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

12.  The applicant’s military service records contain a copy of Headquarters,
U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 006, dated 9 January 1969.  These orders show, in pertinent part, the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar.

13.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant received conduct and efficiency ratings of “excellent” throughout the entire period of his military service, his records do not contain any adverse information, and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.



14.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII campaigns.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to Company C, 5th Battalion, 7th Cavalry (RVN), the unit was cited for award of the Valorous Unit Award for actions from 1 May 1970 to 29 June 1970 by Headquarters, Department of the Army, General Orders Number 43 (1972).

16.  Department of the Army Pamphlet 672-3 shows, at the time of the applicant's assignment to Company C, 5th Battalion, 7th Cavalry (RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 42 (1972), as amended by Headquarters, Department of the Army, General Orders Number
11 (1973).  This document also shows, at the time of the applicant’s assignment, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 42 (1972).

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

19.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.



20.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

22.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

23.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

24.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

25.  Army Regulation 600-8-22 provides in pertinent part that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service. 

26.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

27.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

28.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the Combat Infantryman Badge.  This paragraph states, in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

29.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted Soldiers who have 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.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Combat Infantryman Badge and Bronze Star Medal because he was presented the Combat Infantryman Badge and Bronze Star Medal certificate.
2.  Records show that General Orders awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the RVN during the period October 1969 to October 1970.  Therefore, the applicant’s records should be corrected to show this award.

3.  Records show that General Orders awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the RVN during the period October 1969 to May 1970.  Records also show that General Orders awarded the applicant the Air Medal (2nd Award) for meritorious achievement while participating in aerial flight in the RVN during the period October 1969 to August 1970.  Therefore, it would be appropriate to correct the applicant’s records to show 2 awards of the Air Medal.

4.  The evidence of record shows that during the applicant’s service in the RVN the applicant held MOS 11B (Light Weapons Infantryman) and he was assigned to Company C, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), an air assault unit.  While the evidence of record shows that the applicant possessed an infantry MOS during his service in the RVN, there is no evidence that shows he was assigned or attached to an infantry unit.  In this regard, there is no evidence of record that shows the applicant served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size while serving in the RVN.  In addition, there are no orders or other evidence to show that the applicant was awarded the Combat Infantryman Badge.  Therefore, the evidence of record fails to support the applicant’s claim to the Combat Infantryman Badge.

5.  The evidence of record shows the applicant completed a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

6.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in 4 campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of
4 bronze service stars to be affixed to his Vietnam Service Medal.

7.  Records show that General Orders awarded the applicant's unit the Valorous Unit Award.  Therefore, it would be appropriate to correct his records to show this unit award.

8.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.
9.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

10.  Records show that Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars.  Therefore, it would be appropriate to correct his records to show this badge and component bars.

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.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 24 June 1968 to 23 June 1971;

     b.  deleting from Item 24 of his DD Form 214 the Air Medal and Vietnam Service Medal; and

     c.  adding to Item 24 of his DD Form 214 the Bronze Star Medal, Air Medal with Numeral “2,” Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars.


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 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)                                         AR20080008300



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ABCMR Record of Proceedings (cont)                                         AR20080008300



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