BOARD DATE:	  24 September 2015

		DOCKET NUMBER:  AR20150002833 


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:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M60)
* Combat Infantryman Badge

2.  The applicant states the only medal listed on his DD Form 214 is the National Defense Service Medal.  He served as a grenadier for a full tour of duty in the Republic of Vietnam and he was in combat firefights on various operations with Company C, 2nd Battalion, 39th Infantry Regiment.

3.  The applicant provides DD Form 1351-2 (Travel Voucher or Subvoucher).

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 30 March 1966.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  Evidence shows he served in the Republic of Vietnam for the period 13 December 1966 to 12 December 1967.  He served with Company C, 2nd Battalion, 39th Infantry Regiment for the period      13 December 1966 to 10 September 1967 and Company A, 2nd Battalion, 47th Infantry Regiment for the period 11 September to 12 December 1967.

3.  The applicant's record contains:

   a.  Special Orders Number 135, issued by Headquarters, 9th Infantry Division, dated 26 July 1966, which award him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14); and

   b.  Special Orders Number 136, issued by Headquarters, 9th Infantry Division, dated 29 July 1966, which award him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M60).

4.  On 3 April 1968, he was honorably released from active duty at the expiration of his term of service.  He completed 2 years of net active service during this period.  The DD Form 214 he was issued at the time shows he was awarded or authorized the National Defense Service Medal.

5.  There are no available orders that authorized or awarded him the Combat Infantryman Badge during this period of service.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  During the period in which the applicant was assigned in the Republic of Vietnam his units were cited for award of the:
	
   a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 19 December 1966 to 28 June 1969, by Department of the Army General Order (DAGO) Number 59, dated 1969; and

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 December 1966 to 30 June 1968, by DAGO Number 31, dated 1969.
7.  Army Regulation 600-8-22 (Military Awards), states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II 
* Vietnam Counteroffensive Phase III

8.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.
 
9.  Army Regulation 600-8-22 states there are basically three 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's request has been carefully examined and found to have partial merit.

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M60).  

3.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  

4.  The evidence of record clearly shows he served in the Republic of Vietnam for a period of service during which he became eligible for the Vietnam Service Medal with two bronze service stars.
5.  Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  

6.  The applicant's claim of entitlement to the Combat Infantryman Badge was carefully considered.  However, there is no evidence of record that indicates he was ever recommended for or awarded the Combat Infantryman Badge during his active service.  By regulation, in order to qualify for award of the Combat Infantryman Badge there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

7.  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 granting this portion of the applicant's requested relief.

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  adding the following awards to his DD Form 214:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M60)
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
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)                                         AR20150002833





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150002833



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1