IN THE CASE OF: 

		BOARD DATE: 16 August 2012

		DOCKET NUMBER:  AR20120003256
 

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 Vietnam Service Medal, Combat Infantryman Badge, and the Overseas Service Ribbon.  

2.  The applicant states that when he was in Vietnam his military occupational specialty (MOS) was 11B and he was put in for the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214.

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 7 February 1969.  He held military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist).

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

	a.  item 38 (Record of Assignments) that he was assigned in Vietnam from 
11 September 1970 to 17 February 1971, in MOS 76P, to:

* the 572d Transportation Company
* Headquarters and Headquarters Company, 4th Transportation Command
* the 551st Transportation Company

	b.  item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 19 February 1971, as a specialist four/E-4.  He had completed 1 year, 
11 months, and 24 days of total active service.  

5.  His DD Form 214 shows the National Defense Service Medal and 19 days of lost time.

6.  His records contain special orders showing he qualified for award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  Army Regulation 600-8-22 (Military Awards):

	a.  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 Counteroffensive Phase VII campaign.  

	b.  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.  

	c.  states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active 


Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  He qualified for the Marksman Marksmanship Qualification Bade with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar
(M-16).  Therefore, his DD Form 214 should be corrected to show these weapons qualification badges.

2.  He served a qualifying period for award of the Vietnam Service Medal.  His Vietnam tour coincided with one campaign period.  Therefore, he is entitled to the Vietnam Service Medal with one bronze service star.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  He served overseas prior to 10 April 1981, which makes him ineligible for the Overseas Service Ribbon.  Therefore, there is no basis for granting this portion of his request.

7.  The available evidence clearly shows the applicant was not eligible for the Combat Infantryman Badge.  He was not an infantryman and was not assigned to an infantry unit engaged in active ground combat.  Therefore, 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 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 adding to his DD Form 214 the:

* Vietnam Service Medal with one bronze service star
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm 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 Overseas Service Ribbon.



      ____________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)                                         AR20120003256



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