RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060009708 


	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.



	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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) fails to show his receipt of the Combat Infantryman Badge. 

3.  The applicant provides his DD Form 214 and a Report of Contact form from the Catholic War Veterans in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
11 September 1970, the date of his release from active duty.  The application submitted in this case is dated 28 June 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 military records show that he enlisted in the Regular Army on 
12 September 1967.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He departed for the Republic of Vietnam on 20 April 1968, and initially served as a Rifleman in MOS 11B with Company D, 2nd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade.  On 11 October 1968, he was reassigned to the 59th Field Service Company, where he served as a Sewing Machine Operator.  He returned to the continental United States on 19 April 1969, and served at Fort Bragg, North Carolina until he was honorably released from active duty on 11 September 1970.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the basic Parachutist Badge.

4.  The applicant requested that he be awarded the Combat Infantryman Badge.  Item 35 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that he served as a Rifleman in MOS 11B (Infantryman) with Company B, 2nd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade from 25 April 1968 to 10 October 1968.  However, Item 41 of this same form does not show that he was awarded the Combat Infantryman Badge.  There are no orders in his military records which awarded him the Combat Infantryman Badge, and there is no evidence in his military records that he served in active ground combat while assigned to this unit.

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.  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 2nd Battalion, 503rd Infantry 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 51, dated 1971.

7.  The applicant’s records show that he was awarded the Vietnam Service Medal, but it does not show that he was awarded 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 tenure of assignment, the applicant was credited with participating in the Vietnam Counteroffensive Phase IV campaign, the Vietnam Counteroffensive Phase V campaign, the Vietnam Counteroffensive Phase VI campaign, and the TET 69 Counteroffensive campaign.

8.  The applicant’s DD Form 214 does not show that he was awarded the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.  However, he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar by Headquarters, 3rd Advanced Individual Training Brigade, United States Army Training Center (Infantry), Fort Gordon, Georgia Special Order Number 22, dated 3 February 1968.  He was also awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar by Headquarters, 3rd Advanced Individual Training Brigade, United States Army Training Center (Infantry), Fort Gordon, Georgia Special Order Number 24, dated 6 February 1968.
9.  Army Regulation 600-8-22 provides, in pertinent part, that 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.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  

DISCUSSION AND CONCLUSIONS:

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

2.  Although the applicant possessed and served in an infantry MOS in an infantry unit of brigade, regimental or smaller size during his tour in Vietnam, there is no evidence that he served in active combat.  Therefore, there is insufficient basis for awarding the Combat Infantryman Badge in this case.

3.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 2nd Battalion, 503rd Infantry 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.

4.  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.

5.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.

6.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 September 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
10 September 1973.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__MM___  ___JM___  __QS ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by:

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

b.  showing four bronze service stars to be affixed to his already awarded Vietnam Service Medal; and

c.  showing the award of the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.





______Mark Manning________
          CHAIRPERSON




INDEX

CASE ID
AR20060009708
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070222
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH ADMIN NOTE
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0111.0000
2.
107.0094.0000
3.
107.0073.0000 (add bronze service stars)
4.
107.0110.0000 (2)
5.
110.0400.0000
6.