IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120001491 


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 all the awards he is entitled to including the:

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

2.  The applicant states the awards were omitted from his DD Form 214.

3.  The applicant provides no additional evidence.

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 (RA) on 8 October 1968 and he held military occupational specialty (MOS) 12A (Construction Worker).  He was discharged on 7 October 1969 for the purpose of immediate reenlistment.  He completed 1 year of total active service during this period of service.

3.  The DD Form 214 he was issued for the period ending 7 October 1969 shows he was awarded the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Expert Marksmanship Qualification Record with Rifle Bar (M-14)

4.  He reenlisted in the RA on 8 October 1969 and he held MOS 12B (Combat Engineer).  He served in Vietnam while assigned to:

* the 585th Engineer Company from 5 February to 5 September 1971
* Company B, 299th Engineer Battalion from 6 September to 7 November 1971
* Company B, 27th Engineer Battalion from 8 November 1971 to 25 January 1972

5.  He was honorably released from active duty on 13 December 1972 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his remaining service obligation.  He completed 3 years of net active service this period with 86 days of time lost during this period of service.

6.  The DD Form 214 he was issued for this period of service shows the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)


8.  There is no evidence of record and he did not provide any evidence, such as orders, that show he was awarded the Combat Infantryman Badge.

9.  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 585th Engineer Company was cited for award of the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 3 May 1970 through 30 April 1971 by Department of the Army General Order (DAGO) Number 6, dated 1974.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers, 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

12.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) 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 that 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 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, to enlisted personnel, and to warrant officers who had an infantry specialty/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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation and the 


Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  His records show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

3.  With respect to the Combat Infantryman Badge, there are three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  As the applicant held MOS 12B, a non-qualifying MOS for the Combat Infantryman Badge, there is no basis for granting this portion of his request.

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 for the period ending 13 December 1972 the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 awarding the applicant the Combat Infantryman Badge and correcting his DD Form 214 to show this award.



      ___________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)                                         AR20120001491



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ABCMR Record of Proceedings (cont)                                         AR20120001491



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