RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060010898 


	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.


Mr. Carl W. S. Chun

Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Mark Manning

Chairperson

Mr. John Meixell

Member

Mr. Qawiy Sabree

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 correction of his DD	Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that while serving in Vietnam he was assigned as an infantryman from September 1966 through March 1967 and he would like his DD Form 214 to reflect the Combat Infantryman Badge. 

3.  The applicant provides a DA Form 20 (Enlisted Qualification Record), which he authenticated on 12 August 1966, and a DA Form 20, dated 19 December 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
9 March 1967.  The application submitted in this case is dated 24 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 enlisted on 16 March 1964 for a period of 3 years.  He was awarded military occupational specialty (MOS) 550.00 (supply).  A DA Form 20, authenticated by the applicant on 12 August 1966, shows he arrived in Vietnam on 29 July 1964.  This DA Form 20 shows he served in MOS 76K (general supply specialist) and was assigned to the 5th Quartermaster Detachment in Vietnam from 31 July 1964 through 15 July 1965.  This DA Form 20 also shows that he served in MOS 76K assigned to Company B, 7th Support Battalion, 199th Infantry Brigade in Vietnam from 23 November 1966 through 8 March 1967.  

4.  A DA Form 20, dated 19 December 1966, shows the applicant served in duty MOS 11B (infantryman) assigned to Company C, 3rd Battalion, 7th Infantry of the 199th Infantry Brigade in Vietnam from 23 December 1966 through 6 March 1967.  Other records also show that he was assigned to this unit in Vietnam.  

5.  On 9 March 1967, the applicant was released from active duty.   

6.  The applicant’s DD Form 214 shows the National Defense Service Medal and the Vietnam Service Medal as authorized awards.  His DD Form 214 shows that he was separated from the service on temporary records and a Soldier’s affidavit.   
7.  There are no orders which show the applicant was awarded MOS 11B.

8.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.

9.  Headquarters, United States Army Vietnam General Orders Number 29, dated 20 July 1965, shows the applicant received the basic award of the Air Medal for the period 24 October 1964 to 11 November 1964.

10.  Headquarters, United States Army Vietnam General Orders Number 23, dated 20 July 1965, shows the applicant received the Air Medal with First Oak Leaf Cluster for the period 11 November 1964 to 5 December 1964.

11.  Headquarters, United States Army Vietnam General Orders Number 34, dated 20 July 1965, shows the applicant received the Air Medal with Second Oak Leaf Cluster for the period 5 December 1964 to 12 January 1965.

12.  Records show the applicant participated in three campaigns during his assignments in Vietnam.

13.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

14.  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 the applicant's unit (5th Quartermaster Detachment) is entitled to award of the Valorous Unit Award for actions during the period 4-6 April 1965 based on Department of the Army General Orders Numbers 34, dated 1966.

15.  Department of the Army Pamphlet 672-3 shows the 7th Support Battalion and the 3rd Battalion, 7th Infantry are each entitled to one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (12 December 1966 to 31 August 1970) based on Department of the Army General Orders Number 51, dated 1971.
16.  Army Regulation 600-8-22 (Military Awards) 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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device 1960.  This medal 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

18.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

19.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  The DA Form 20, authenticated by the applicant on 12 August 1966, shows the applicant held and served in MOS 76K and was assigned to a quartermaster detachment and a support battalion during his assignments in Vietnam.  

2.  Although the DA Form 20, dated 19 December 1966, shows the applicant served in duty MOS 11B assigned to an infantry company in Vietnam, there are no orders awarding him MOS 11B or the Combat Infantryman Badge.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  Orders show the applicant received three awards of the Air Medal.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral “3.” 

4.  The applicant participated in three campaigns during his assignments in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.

5.  The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device 1960.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

7.  The applicant’s unit (5th Quartermaster Detachment) received the Valorous Unit Award while he was assigned to it.
 
8.  Although the records show the applicant was assigned to the 7th Support Battalion and the 3rd Battalion, 7th Infantry in Vietnam during the period November 1966 to March 1967, the Department of the Army Pamphlet 672-3 shows that both units received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (12 December 1966 to 31 August 1970) based on Department of the Army General Orders Number 51, dated 1971.  Therefore, the applicant’s DD Form 214 should be corrected to show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
 
9.  Evidence shows that the applicant’s records contain administrative errors which do 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.

10.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 March 1967; therefore, the time for the applicant to file a request for correction of any error expired on 8 March 1970.  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 errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he was awarded the Air Medal with Numeral “3,” the Valorous Unit Award, the Republic of Vietnam Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal.



__Mark Manning________
          CHAIRPERSON




INDEX

CASE ID
AR20060010898
SUFFIX

RECON

DATE BOARDED
20070222
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.
107.0000
3.

4.

5.

6.