IN THE CASE OF:

		BOARD DATE: 14 June 2012

		DOCKET NUMBER:  AR20120000142
 

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 he was awarded the Combat Infantryman Badge, Vietnam Service Medal, and any other authorized awards.

2.  The applicant states he served in Headquarters and Headquarters Company 4th Battalion, 9th Infantry, 25th Infantry Division during 1967-1968.  His Combat Infantryman Badge is not posted to his records.  He also was awarded the Expert Marksmanship Qualification Badge with Rifle Bars for the M-14 and M-16.  He is now applying for veterans benefits for post traumatic stress disorder and the evidence showing he received these awards will help support his claim.

3.  The applicant provides copies of a letter from the commander of his regiment in Vietnam and several pictures of him in Vietnam.

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 was inducted on 28 June 1966.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he was assigned in Vietnam to Headquarters and Headquarters Company, 4th Battalion, 9th Infantry, 25th Infantry Division, with duty as a gunner and rifleman, from 9 October 1967 to 
16 June 1968.  

	b.  item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Pistol Bar.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 19 June 1968 as a specialist four/E-4.  He had completed 1 year, 
11 months, and 22 days of total active service.

5.  His DD Form 214 shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Pistol Bar.
 
6.  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.

7.  The regimental commander's letter discusses the fellow Soldiers from that tour with whom he keeps in touch.  He considers that tour of duty to have been his most important, even though he went on to become a full colonel.

8.  A 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 any orders pertaining to the applicant.

9.  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.  There must have been no convictions by a court-martial.

10.  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.  

11.  U.S. Army Vietnam Regulation 672-1, 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."

12.  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 three campaigns:

* Vietnam Counteroffensive Phase III          1 June 1967 - 29 January 1968
* Tet Counteroffensive                                  30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV          2 April - 30 June 1968

13.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

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 4th Battalion, 9th Infantry, 25th Infantry Division was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966-August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966-21 January 1979 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  However, there is no evidence that shows he ever engaged in active ground combat.  Therefore, his request that the Combat Infantryman Badge be added to his DD Form 214 should be denied at this time.

2.  There is no available evidence showing he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  His DD Form 214 should not be corrected to show this award.

3.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his honorable release from active duty and advancement to specialist four.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his 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.

4.  Records show he was awarded he Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Pistol Bar.

5.  Records show the applicant participated in three campaign periods during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his Vietnam Service Medal.

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

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



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 
28 June 1966 through 19 June 1968, and

	b.  adding the following awards to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar
* 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 was 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 correcting his DD Form 214 to show the Combat Infantryman Badge and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).




      __________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)                                         AR20120000142



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