DOCKET NUMBER:  AR20130001299 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal and Combat Infantryman Badge.

2.  The applicant states he earned his "flight wings" and Combat Infantryman Badge; however, they were omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and Air Medal orders.

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's military records show:

	a.  He was inducted into the Army of the United States on 8 February 1966.

	b.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

	c.  He served in the Republic of Vietnam (RVN) from 7 January 1967 to 6 January 1968.

	d.  He served as a pathfinder while assigned to Headquarters and Headquarters Company, 269th Combat Aviation Battalion, during his tour of duty in the RVN.

	e.  General Orders Number 5610 issued by the 1st Aviation Brigade, dated 21 November 1967, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 21 February to 23 September 1967.

	f.  General Orders Number 892 issued by the 1st Aviation Brigade, dated 22 February 1968, awarded him the Army Commendation Medal for meritorious service in connection with military operation against a hostile force during the period February to December 1967.

	g.  He was honorably released from active duty on 6 January 1968.

3.  His DD Form 214 shows he was awarded or authorized the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* Pathfinder Badge
* RVN Campaign Medal

4.  The applicant's records are void of documentation showing he was awarded the Combat Infantryman Badge.

5.  However, a review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment in the RVN his unit was awarded the:

	a.  Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 48, dated 1968, for the period 1 January to 31 December 1967; and

	b.  RVN Gallantry Cross with Palm Unit Citation by DAGO Number 46, dated 1969 (amended by DAGO 21, dated 1969), for the period 27 March 1967 to 17 May 1968.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for 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, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968)

8.  Army Regulation 600-8-22 states there are three basic 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Air Medal and Combat Infantryman Badge.

2.  General orders awarded the applicant the Air Medal and Army Commendation Medal.

3.  His unit in the RVN was cited for award of the Presidential Unit Citation and the RVN Gallantry Cross with Palm Unit Citation during his tour of duty.

4.  He participated in two campaigns during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his previously-awarded Vietnam Service Medal.

5.  The award of the Combat Infantryman Badge requires the Soldier to be an infantryman performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.  The available records show he was not assigned to an infantry unit during his period of service in the RVN.  He performed the duties of a pathfinder in an aviation combat battalion; therefore, there is insufficient evidence to award him the Combat Infantryman Badge or add this badge to his DD Form 214.

6.  His DD Form 214 should be corrected as recommended below.

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:

* Air Medal
* Army Commendation Medal
* two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Presidential Unit Citation
* RVN 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 award of 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)                                         AR20130001299



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ABCMR Record of Proceedings (cont)                                         AR20130001299



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