BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130013789 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states:

	a.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation was not presented to him until November 1970 which was a few months after his discharge.  This award was never officially listed on his DD Form 214 and should be added.

	b.  He was never awarded the Combat Infantryman Badge.  He was assigned to the Phoenix Program in Vietnam which was comprised of three officers and three enlisted Soldiers.  Infantry was his secondary specialty, but he was required to participate in raids/combat missions within this unit as well as spending time training American and Vietnamese troops while acting as the commanding officer.  He was recommended for the Combat Infantryman Badge by the District Advisory Team Leader, but the badge was never officially awarded or added to his records.

3.  The applicant provides copies of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation decision, his DD Form 214 for the period ending 14 August 1970, and a memorandum authorizing award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 commissioned in the U.S. Army Reserve in the Signal Corps on 15 August 1968 after having prior enlisted service.  He was ordered to active duty and entered active duty on that date.  He held primary specialty 9301 (intelligence officer) and secondary specialty 1542 (infantry unit coordinator).

3.  He served in Vietnam from 16 February 1969 through 8 February 1970, during three campaigns.  He was assigned to the U.S. Military Assistance Command and he served in specialty 9301.

4.  His records contain the following pertinent documents:

	a.  Headquarters, U.S. Military Assistance Command-Vietnam, General Orders (GO) Number 65, dated 2 January 1970, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period February 1969 to January 1970.

	b.  The Bronze Star Medal Citation states he was instrumental in dramatically upgrading the target of the District Intelligence and Operations Coordinating Center as well as increasing the number and quality of the operations it conducted while serving as the District Intelligence and Operations Coordinating Center Advisor in Vietnam during the period February 1969 to January 1970.

	c.  Headquarters, U.S. Army-Hawaii, GO Number 2, dated 12 January 1970, awarded him the Army Commendation Medal for meritorious service during the period September 1968 to January 1970.

5.  He provided copies of orders for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and his authorization to accept and wear this unit award.

6.  He was honorably released from active duty in the rank of first lieutenant on 14 August 1970.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Bronze Star Medal

7.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to any member serving in an assigned infantry or special forces primary specialty in a unit actively engaged in ground combat with the enemy.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  The infantry or special forces specialty does not necessarily have to be the Soldier’s primary specialty, as long as the Soldier has been properly trained in infantry or special forces tactics, possesses the appropriate skill code, and is serving in that specialty when engaged in active ground combat.  Commanders are not authorized to make any exceptions to this policy.  In addition, any officer whose branch is other than infantry who was assigned to advise an infantry unit under appropriate orders or was assigned as a member of a White Star Mobile Training Team or a member of Military Assistance Advisory Group-Laos will be eligible for award of the Combat Infantryman Badge provided all other requirements have been met.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the U.S. Military Assistance Command was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 in Department of the Army GO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal during his period of service in Vietnam which is not shown on his DD Form 214.  Therefore, his DD Form 214 for the period ending 14 August 1970 should be corrected to show this award.

2.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 for the period ending 14 August 1970 should be corrected to show these unit awards.
3.  With respect to award of the Combat Infantryman Badge, the applicant is commended for his service in Vietnam.  However, to be eligible for award of the Combat Infantryman Badge as an advisor, the evidence must show he served in active ground combat during his period of service in Vietnam.  In the absence of documentary evidence showing he met the criteria for award of the Combat Infantryman Badge, there is insufficient evidence award this badge and/or add it 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 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 the following awards to his DD Form 214 for the period ending 14 August 1970:

* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 award of the Combat Infantryman Badge and its addition 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)                                         AR20130013789



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ABCMR Record of Proceedings (cont)                                         AR20130013789



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