IN THE CASE OF:	  

		BOARD DATE:	    23 July 2013

		DOCKET NUMBER:  AR20120022838 


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) for the period ending 30 October 1968 to show all awards and decorations he may be entitled to, including:

* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Air Medal
* Combat Infantryman Badge
* Parachutist Badge
* Bronze Star Medal
* Marksmanship Qualification Badges
* unit awards for his units in Vietnam

2.  The applicant states the awards were not placed in his records upon departing Vietnam and the Army.

3.  The applicant provides:

* two DD Forms 214 for the period ending 17 November 1958 and
30 October 1968
* a letter from the National Personnel Records Center, St. Louis, MO, dated 11 February 2008


* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 11 February 1957
* DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 23 April 1956
* DA Form 24 (Service Record) for the period 23 April 1956 to
30 November 1962
* Two DA Forms 20 (Enlisted Qualification Record)
* Department of Veterans Affairs (VA) Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder), dated 29 May 2009

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 requested that the Bronze Star Medal and the Air Medal be added to his DD Form 214.  His DD Form 214 for the period ending 30 October 1968 currently shows he was awarded these awards.  Therefore, this portion of the applicant's request will be not discussed further in these Proceedings.

3.  Having prior service in the North Carolina Army National Guard and U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army on 4 February 1965.  He completed training and he was awarded military occupational specialty (MOS) 36K (Wireman).  The highest rank/grade he attained was private first class (PFC)/E-3.

4.  He arrived in Vietnam on 11 July 1967.  He was assigned to:

* the 723rd Signal Platoon, 173rd Airborne Brigade (Separate) from
4 August 1967 through 24 January 1968
* Company B, 2nd Battalion, 503rd Infantry Regiment from 25 January to
7 July 1968


5.  Special Orders Number 179, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 4 August 1965, awarded him the Parachutist Badge, effective 19 July 1965.

6.  Special Orders Number 145, issued by Headquarters, 173rd Airborne Brigade, dated 24 May 1968, awarded him secondary MOS 11B (light weapons infantryman).

7.  Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified expert with the M-14 and M-16 rifles.

8.  There is no evidence that he was ever recommended for or awarded the Combat Infantryman Badge.  In addition, there is no evidence of record and the applicant did not provide any evidence that shows he was personally present and participated with a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.

9.  On 30 October 1968, the applicant was released from active duty at the expiration of his term of service with an under honorable conditions discharge.  He was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Air Medal

10.  U.S. Army Vietnam Regulation 672-1 (Awards), in effect at the time, 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, enlisted personnel, and to warrant officers who had a primary 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.


11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  For award of the Combat Infantryman Badge there are basically three requirements.  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.

	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states 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 four 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)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

12.  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:

	a.  one of the units to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by Department of the Army General Order Number 51, dated 1971.

	b.  However, it does not show that either of his units were cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show award of any awards and decorations he may be entitled to has been carefully considered and found to have partial merit.


2.  Special orders awarded him the Parachutist Badge effective 19 July 1965.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  Evidence shows he qualified expert with the M-14 and M-16 rifles.  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

4.  The applicant participated in four campaigns that entitle him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  The applicant's unit was cited for award of 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.

6.  There is no evidence either of the applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, there is no basis for granting this portion of his request.

7.  The available evidence shows the applicant possessed the secondary MOS of 11B and he was assigned to an infantry unit of brigade, regimental or smaller size during his tour in the Republic of Vietnam.  Notwithstanding his sincerity, in the absence of official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat, there is an insufficient evidentiary basis for awarding him the Combat Infantryman Badge or correcting his DD Form 214 to show this award.

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.  deleting from his DD Form 214 for the period ending 30 October 1968 the Vietnam Service Medal, and

	b.  adding to his DD Form 214 the:

* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)

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 him the Combat Infantryman Badge and adding this award to his DD Form 214
* adding the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214



      __________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)                                         AR20120022838



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ABCMR Record of Proceedings (cont)                                         AR20120022838



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