ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:    27 March 2019

                   DOCKET NUMBER:  AR20170011747


APPLICANT REQUESTS:  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge to show award of the:

* Combat Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M14)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Letter from the National Personnel Records Center

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant’s Parachutist Badge and Expert Marksmanship Qualification Badge with Rifle Bar (M14) are supported by sufficient evidence; therefore, they will be administratively corrected and not considered by the Board.  The Board will consider the remaining award in his request

3.  The applicant states he already has the requested decorations; however, he is trying to join a local Central Intelligence Agency organization and the Combat Infantryman Badge must be on his DD Form 214.

4.  The applicant enlisted in the Regular Army on 15 June 1966.  He completed training and he was awarded the primary military occupational specialty (PMOS) 63B (Wheel Vehicle Mechanic) on 18 November 1966.

5.  The applicant's record contains 2 DA Forms 20 (Personnel Qualification Record).  
6.  DA Form 20 last audited on 18 November 1967 shows:

* He held PMOS 63B effective 18 November 1966
* He received the secondary MOS of 11B (Infantryman) effective 25 February 1968
* He served in Vietnam from 10 December 1967 to 9 December 1968
* He served in MOS 63B with B Troop, 2nd Squadron, 17th Cavalry Regiment in Vietnam
* No indication of award of the Combat Infantryman Badge

7.  The DA 20 last audited on 3 July 1968 shows:

* He held PMOS 71F (Postal Clerk) effective 23 April 1968
* He served in Vietnam from 10 December 1967 to 24 February 1968
* On 25 February 1968 he was a patient subsequently transferred to Japan
* He served in Japan from 26 April 1968 to 14 June 1969 in in MOS 71F
* The Combat Infantryman Badge is listed in item 41 (Awards and Decorations)

8.  On 14 June 1969, the applicant was honorably released from active duty.  His        DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal 
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart

9.  There are no orders in the applicant's record awarding him the Combat Infantryman Badge.

10.  Review by HRC 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 Awards and Decorations Branch of HRC, failed to reveal any orders awarding the applicant the Combat Infantryman Badge.

11.  The applicant provides a letter from the National Personnel Records Center dated 24 December 2007 which authorized shipment of the following awards based on documents the applicant provided and/or official documents, if available:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with 1 silver service star
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that that partial relief was warranted.  Based upon documentary evidence found within the military service record, the Board recommended that the portion of the application relating to the Parachutist Badge and the Expert Marksmanship Qualification Badge with Rifle Bar (M14) warrant relief.  However, the Board did not find any documentary evidence to support awarding the Combat Infantry Badge and, therefore, recommended that portion of the request be denied.    

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him 
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M14)

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 awarding the Combat Infantryman Badge.
3.  Additionally, prior to closing the case, the Board noted the administrative notes reflected below by the analyst of record and recommend those changes be made to more accurately depict the military service of the applicant.
SIGNATURE:

				 
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.

ADMINISTRATIVE NOTE(S):

 A review of the applicant's records shows he is authorized additional awards not listed on his DD Form 214.  As a result, amend the DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with 2 bronze service stars


  


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states:
     a.  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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  
     b.  The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Approved campaigns between 10 December 1967 to 24 February 1968 included: 

* Vietnam Counteroffensive, Phase III, 1 June 1967 - 29 January 1968
* TET Counteroffensive, 30 January 1968 - 1 April 1968

3.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It states all units serving in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation as confirmed by Department of the Army General Order Number 8, dated 1974.

ABCMR Record of Proceedings (cont)	 AR20170011747


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