IN THE CASE OF:	  

		BOARD DATE:  28 August 2012

		DOCKET NUMBER:  AR20120004429 


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 the Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVNCM), and Combat Infantryman Badge (CIB) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states his discharge was expedited and the awards were omitted.  

3.  The applicant provides his DD Form 214 in support of his request.  

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 16 May 1969.  He was trained in and awarded military occupational specialty (MOS) 96B (Intelligence Analyst).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 17 April 1970 through 16 April 1971.  Item 38 (Record of Assignments) shows that during his RVN tour, he served with the 517th Military Intelligence (MI) Detachment, performing duties in MOS 96B as an intelligence analyst.  Item 38 also shows the applicant received no less than "excellent" conduct and efficiency ratings.  Item 41 (Awards and Decorations) does not include any of the awards in question.   

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  It is also void of orders or other documents indicating the applicant was ever recommended for or awarded the CIB by proper authority while serving in the RVN.  

5.  On 23 December 1971, the applicant was honorably released from active duty, in the rank of specialist five/E-5.  The DD Form 214 he was issued shows he completed 2 years, 7 months, and 8 days of active military service.  It also shows he earned the following awards: 

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

6.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  It states it is authorized for service in the RVN between 3 July 1965 and 28 March 1973, both dates inclusive.  It further indicates a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter-Spring, 1 November 1969-30 April 1970
* Sanctuary Counteroffensive, 1 May-30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970-30 June 1971

7.  Chapter 8, Army Regulation 600-8-22 contains guidance on Badges and Tabs of U.S. Origin.  Section II contains guidance on Combat and Special Skill Badges, and paragraph 2-8 contains guidance on the CIB.  It states for award of the CIB a Soldier must meet the following three requirements:

* be an infantryman satisfactorily performing infantry duties
* assigned to an infantry unit during such time as the unit is engaged in active ground combat 
* actively participate in such ground combat; campaign or battle credit alone is not sufficient for award of the CIB

8.  Army Regulation 600-8-22, paragraph 9-13, contains guidance on the RVNCM.  It states it is awarded for six months of service in the RVN during the period from 1 March 1961 to 28 March 1973.  It also states the Device (1960) is worn with this award.  

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the Republic of Vietnam, his unit
(517th Military Intelligence Detachment) was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 8 February-30 April 1971, by Department of the Army General Order 5, dated 1985. 

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the VSM, RVNCM, and CIB to his record and DD Form 214 has been carefully considered and found to have partial merit.  The evidence of record confirms his RVN service qualifies him for the VSM with three bronze service stars and RVNCM with Device 1960.  However, there is insufficient evidence to support adding the CIB to his record and DD Form 214.  

2.  The evidence of record confirms the applicant served in the RVN from 17 April 1970 to 16 April 1971.  Therefore, based on his RVN service and campaign participation, he is eligible for the VSM with three bronze service stars, RVNCM with Device 1960, and RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to add these awards to his record and DD Form 214.   

3.  The evidence of record also confirms the applicant received all "excellent" conduct and efficiency ratings throughout his service.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for the period 16 May 1969 through 21 December 1971, and to add this award to his record and DD Form 214. 

4.  By regulation, in order to support award of the CIB there must be evidence the member held and served in an infantry MOS; that he served as an infantryman in a qualifying infantry unit of brigade, regimental, or smaller size; and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  In this case, the evidence confirms the applicant held and served in a MI MOS and served in a MI unit while in the RVN.  Given he never have served as an infantryman, he is not eligible to receive the CIB.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

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 awarding him the Army Good Conduct Medal (1st Award) for the period 16 May 1969 through 21 December 1971 and amending his DD Form 214 by adding the following awards: 

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



2.  The Board further determined 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)                                         AR20120004429



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ABCMR Record of Proceedings (cont)                                         AR20120004429



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