IN THE CASE OF: 

		BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130009448 


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 Army Commendation Medal and Combat Infantryman Badge.

2.  The applicant states he served 1 year, 1 month, and 13 days in the Republic of Vietnam with approximately 11 months in combat.  He further states he was in several firefights and witnessed many people killed or wounded.

3.  The applicant provides:

* DD Form 214
* two pages of his DA Form 20 (Enlisted Qualification Record)
* two pages of a Standard Form 600 (Chronological Record of Medical Care)

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 into the Army of the United States on 16 April 1968.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from    6 October 1968 to 15 November 1969, where he was further assigned to Company A, 1st Battalion, 46th Infantry Regiment from 10 October 1968 to         1 August 1969 and to Company E, 1st Battalion, 46th Infantry Regiment for the period 2 August to 15 November 1969.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  

3.  His record contains Special Orders Number 137, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 28 March 1968, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His record contains Special Orders Number 211, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 19 August 1968, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  His record contains General Orders Number 9460, issued by Headquarters, Americal Division, dated 17 September 1969, which show he was awarded the Army Commendation Medal.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between    1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge.

7.  The Combat Infantryman Badge is not included in the list of earned awards contained in item 41 (Awards and Decorations) of his DA Form 20 and the applicant's Military Personnel Records Jacket is void of orders or any other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge during his active duty tenure.

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for the period 16 April 1968 to 19 November 1969.

9.  On 19 November 1969, the applicant was honorably released from active duty  as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Annual Training) 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)
* two overseas service bars

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Army Regulation 600-8-22 (Military Awards) 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.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to 1st Battalion, 46th Infantry Regiment, his unit was cited for the:

   a.  Valorous Unit Award for the period 11 through 31 August 1969 by Department of the Army General Order (DAGO) Number 43, dated 1972.

   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period         24 August through 31 December 1969 by DAGO Number 42, dated 1972.

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is 
credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following five campaigns:
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive 
* Vietnam Summer - Fall 1969 
* Vietnam Winter - Spring 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded the Army Commendation Medal and the Combat Infantryman Badge has been carefully examined and found to have partial merit.

2.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  General orders awarded him the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant served honorably during the period 16 April 1968 through        19 November 1969.  He served in the Republic of Vietnam, attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service.  His file contains no information which would have disqualified him for the Army Good Conduct Medal; therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

5.  While the applicant was assigned to his unit, it was cited for award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  Records show the applicant participated in five campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star.

7.  The applicant's record is void of any orders or other documents indicating that he was ever recommended for or awarded the Combat Infantryman Badge by proper authority while serving on active duty.  Additionally, a review of the ADCARS database failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.
8.  By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.

9.  Although the evidence of record shows the applicant served in an infantry specialty in an infantry unit during the period 6 October 1968 through                 15 November 1969, his record is devoid of any evidence and he has failed to provide any evidence that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

10.  Accordingly, there is insufficient evidence on which to base adding the Combat Infantryman Badge to his DD Form 214.

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.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 16 April 1968 to 19 November 1969; and

	b.  adding the following awards to the applicant's DD Form 214:

      (1)  the Marksman Marksmanship Qualification Badge with Rifle Bar      (M-14);

		(2)  the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60);

		(3)  the Army Commendation Medal;		

   (4)  the Army Good Conduct Medal (1st Award);

		(5)  the Valorous Unit Award;

		(6)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

		(7)  one silver service star to be affixed to his previously-awarded Vietnam Service Medal.

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 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)                                         AR20130009448





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ABCMR Record of Proceedings (cont)                                         AR20130009448



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