RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060006125 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.



Director



Analyst


The following members, a quorum, were present:



Chairperson



Member


Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Combat Infantryman Badge. 

2.  The applicant essentially states that he did not receive his Combat Infantryman Badge for his combat duty in Vietnam, and that he knows he should have been put in for a Combat Infantryman Badge because he served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) and was in numerous firefights.   

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 23 February 1971, the date of his release from active duty.  The application submitted in this case is dated 21 April 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s records show that he was inducted into the Army of the United States on 24 February 1969.  He completed basic and advanced individual training and was awarded military occupational specialty 11B.  He served in Vietnam from 21 July 1969 to 17 July 1970, serving initially with Troop C, 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division.  After briefly serving as a student at the Americal Combat Center, he was then reassigned to Company A, 3rd Battalion, 1st Infantry, 11th Infantry Brigade.  He returned to the continental United States on 17 July 1970, and after serving briefly at Fort Lewis, Washington, completed his active duty at Fort Knox, Kentucky.  On 23 February 1971, he was honorably released from active duty.  The DD Form 214 that he was issued shows that he was awarded the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and an unspecified level of Rifle Marksmanship Badge.
4.  Although the applicant possessed an infantry MOS and served in an infantry unit while in Vietnam, there is no evidence in the applicant’s records which shows that he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.  It was noted that the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from July 1969 to July 1970.  

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant’s DD Form 214 does not show that he was awarded the Army Commendation Medal.  However, he was awarded the Army Commendation Medal by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) General Orders Number 446, dated 13 April 1970.  

7.  The applicant’s records show that he served 2 years of continuous enlisted active duty service from 24 February 1969 to 23 February 1971.  All of his conduct and efficiency ratings were “excellent,” and there is no derogatory information in the applicant’s official records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.   

8.  The applicant’s DD Form 214 incorrectly shows an unspecified level of Rifle Marksmanship Badge.  However, he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar by Headquarters, 3rd Armored Cavalry Regiment, Fort Lewis, Washington Special Orders Number 304, dated 
2 November 1970.

9.  The applicant’s DD Form 214 does not show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  However, Headquarters, United States Army Training Center (Infantry) and Fort Lewis, Fort Lewis, Washington Special Orders Number 156, dated 5 June 1969, awarded the applicant the First Class Gunner Marksmanship Qualification Badge with Machinegun Bar.  The First Class Gunner Marksmanship Badge was subsequently renamed the Sharpshooter Marksmanship Qualification Badge.

10.  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 document shows that at the time of the applicant’s assignment to
The 3rd Squadron, 5th Cavalry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.  

11.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It 
states, in pertinent part, that a bronze service star is authorized with this award 
for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his tour in Vietnam, the applicant was credited with participating in the Vietnam Summer-Fall 1969 campaign, the Vietnam Winter-Spring 1970 campaign, the 
DA Sanctuary Counteroffensive campaign, and the Vietnam Counteroffensive Phase VII campaign.

12.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that 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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

13.  Paragraph 4-5 of Army Regulation 600-8-22 states, in pertinent part, that the Army Good Conduct Medal may be awarded upon termination of service on or after 27 June 1950 for continuous enlisted active Federal military service of less than three years but more than one year. 

14.  Paragraph 3-13 of Army Regulation 600-8-22 states, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  It also states, in pertinent part, that the Bronze Star Medal may be awarded for meritorious achievement or meritorious service.  Awards may be made to recognize single acts of merit or meritorious service.  The lesser degree than that required for the award of the Legion of Merit must nevertheless have been meritorious and accomplished with distinction.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge. 

2.  While the Board does not doubt the veracity of the applicant’s claim that he should be awarded the Combat Infantryman Badge, there is no evidence in the available records which conclusively shows that he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.  The fact that the applicant was awarded the Bronze Star Medal was noted; however, the order which awarded the applicant the Bronze Star Medal does not specifically mention that he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.  Regrettably, absent such evidence, there is insufficient basis for awarding the applicant the Combat Infantryman Badge in this case.

3.  General orders awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal.

4.  The applicant honorably served 2 years of continuous enlisted active duty service from 24 February 1969 to 23 February 1971, and there is no derogatory information in his official records which could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.  Additionally, all of his conduct and efficiency ratings were “excellent.”  Therefore, he is entitled to award of the Army Good Conduct Medal for the period 
24 February 1969 to 23 February 1971, and correction of his military records to show the award of the Army Good Conduct Medal.

5.  The applicant’s DD Form 214 incorrectly shows an unspecified level of Rifle Marksmanship Badge, when it should have shown that he was the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with Rifle Bar, and removal of the entry “Marksmanship Badge (Rifle)” from his DD Form 214.

6.  Special orders awarded the applicant the First Class Gunner Marksmanship Qualification Badge with Machinegun Bar, which was subsequently renamed the Sharpshooter Marksmanship Qualification Badge.  Therefore, he is entitled to correction of his military records to show the award of the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

7.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 3rd Squadron, 5th Cavalry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show this unit award.

8.  The applicant participated in four campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show four bronze service stars to be affixed to his already awarded Vietnam Service Medal.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 February 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
22 February 1971.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MT ___  ___JH___  ___DL __  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.  showing the award of the Army Commendation Medal;

b.  awarding him the Good Conduct Medal for the period 
24 February 1969 to 23 February 1971 while serving as a specialist four;

	c.  showing the award of the Expert Marksmanship Qualification Badge with Rifle Bar, and removing the entry “Marksmanship Badge (Rifle)” from his 
DD Form 214;

	d.  showing the award of the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar; 

	e.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	f.  showing four 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 the Combat Infantryman Badge to the applicant.  




______ Marla Troup________
          CHAIRPERSON




INDEX

CASE ID
AR20060006125
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070221
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0111.0000
2.
107.0020.0000
3.
107.0108.0000
4.
107.0109.0000
5.
107.0094.0000
6.
107.0073.0000 (add bronze service stars)
7.
110.0400.0000