IN THE CASE OF:	  

		BOARD DATE:  28 January 2014

		DOCKET NUMBER:  AR20130010845 


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 award of the Combat Infantryman Badge.  He also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all other awards to which he may be authorized.

2.  The applicant states although he trained as a engineer while he was in Vietnam, he was attached to "A Company, 2/506th, 101st Battalion" from December 1969 until June 1970.  He states he was told when he separated that he would receive the Combat Infantryman Badge and paperwork in the mail.

3.  The applicant provides:

* Army Review Boards Agency (ARBA) letter to his Representative in Congress, dated 9 May 2013
* Representative in Congress letter, dated 17 April 2013
* Authorization for Release of Information, dated 27 February 2013
* Trumbull County Veterans Service Commission letter, dated 16 April 2013
* DD Form 214, dated 10 June 1970
* Special Orders Number 159, dated 16 June 1969
* Special Orders Number 157, dated 13 June 1969
* DA Form 20 (Enlisted Qualification Record)
* Special Order 217, dated 5 August 1969
* Special Orders Number 56, dated 25 February 1970
* General Orders Number 6134, dated 1 June 1970
* DA Form 1594 (Daily Staff Journal or Duty Officer's Log), dated 20 March 1970
* List of Contacts
* Operation Report – Lessons Learned, 101st Airborne Division (Airmobile), Period Ending 30 April 1970
* Special Orders Number 209, dated 6 August 1969
* Special Orders Number 356, dated 22 December 1969

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 on 17 June 1968.  He completed training as a welder.  His DA Form 20 shows he was awarded the Parachutist Badge in Special Orders Number 22, dated 27 January 1969.

3.  The applicant arrived in Vietnam on 30 June 1969 and he was assigned to Headquarters and Headquarters Company, 326th Engineer Battalion, 101st Airborne Division (Airmobile).  He was assigned duties as a combat construction specialist.

4.  While in Vietnam, he participated in the following three campaigns:

* Vietnam Summer - Fall 1969 Campaign, which extended from 9 June through 31 October 1969
* Vietnam Winter - Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970

5.  The applicant departed Vietnam en-route to the United States on 10 June 1970.  He was honorably released from active duty that date as an overseas returnee.  His DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Good Conduct Medal
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)

6.  A review of the available records fails to reveal that the applicant is authorized the Combat Infantryman Badge.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for the following awards:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 to 9 October 1971 by Department of the Army General Order Number 6, dated 1974.

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by Department of the Army General Order Number 48, dated 1971.

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

	a.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

	b.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence shows that the applicant was awarded the Parachutist Badge in Special Orders Number 22, dated 27 January 1969.  His DD Form 214 should be amended to add this award.

3.  He is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  These awards should be added on his DD Form 214.

4.  There is no evidence in the available record, nor has the applicant submitted sufficient evidence, showing he is authorized the Combat Infantryman Badge.  There is no evidence showing that he ever held and served in MOS 11B, 11C, 11D, 11F, 11B, or 11H while he was in Vietnam.  There is also no evidence in the available record show that he ever served in active ground combat as an infantryman while assigned or attached to an infantry unit of brigade, regimental or smaller size.  He is not authorized award of the Combat Infantryman Badge.

5.  In view of the foregoing, it would be in the interest of justice to correct the applicant's records 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 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 amending his DD Form 214 to add the following awards:

* Parachutist Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Honor Actions Medal First Class Unit Citation
* three bronze service stars to be affixed to his already-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 awarding him 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)                                         AR20130010845





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ABCMR Record of Proceedings (cont)                                         AR20130010845



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