RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060011163 


	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

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Mark D. Manning

Chairperson

Mr. John T. Meixell

Member

Ms. Qawiy A. 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 records to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he served with the 1st Cavalry Division in Vietnam while assigned to an 11B (Light Weapons Infantryman) position.  He further states that he served in combat his entire time in Vietnam.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) with the ending period 3 January 1966; a DA Form 20 (Enlisted Qualification Record); and a DA Form 24 (Service Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
3 January 1966.  The application submitted in this case is dated 25 July 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 in the Regular Army on 7 January 1963 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 111.00 (Light Weapons Infantryman.  On 13 April 1965, the applicant was awarded the primary MOS 310.00 (Field Communication Crewman) and secondary MOS was 111.00. 

4.  On 28 May 1965, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for using disrespectful language toward a Non-commissioned Officer.

5.  The applicant arrived in Vietnam with C Company, 1st Battalion, 8th Cavalry, 1st Cavalry Division on or about 17 September 1965 where he performed duties as a grenadier.  



6.  The applicant departed Vietnam on or about 20 December 1965 after being credited with participating in one campaign.  On 7 January 1966, he was honorably released from active duty in the rank of Specialist Four/E-4 after completing 2 years, 10 months, and 26 days of creditable active service with no time lost.  

7.  The applicant's DD Form 214 with the ending period of 3 January 1966 shows he was awarded the Parachutist Badge, the Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge (Rifle).

8.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" during received throughout his period of service.

10.  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.

11.  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 1st Battalion, 8th Cavalry, it was cited for award of the Presidential Unit Citation for the period 23 October 1965 through 26 November 1965 based on Headquarters, Department of the Army General Orders Number 40, dated 1967.

12.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined. 

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

14.  Army Regulation 600-8-22 provides, in pertinent part, for 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded an infantry MOS and that he served in an infantryman position.  However, there is insufficient evidence to show he satisfactorily performed his infantry duties while in combat serving in Vietnam and thus insufficient evidence to show he is eligible for the Combat Infantryman Badge.  

2.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal 1st Award for the period 7 January 1963 through 3 January 1966.  Although he received an Article 15 for a minor offense during this period, his service records show he received conduct and efficiency ratings of "excellent" and was promoted to the rank of Specialist Four during this period.

3.  The applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation.  Therefore, his DD Form 214 should be amended to add these awards.

4.  The applicant met the eligibility criteria for award of the National Defense Service Medal.  His participation in one campaign makes him eligible to wear one bronze service star to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.  

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 January 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
2 January 1969.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MDM__  ___JTM     __QAS__  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by awarding the applicant the Army Good Conduct Medal 1st Award
for the period 7 January 1963 through 3 January 1966; and

	b.  by amending his DD Form 214 to add the Army Good Conduct Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the National Defense Service Medal, and one bronze service star to be worn on 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 award of the Combat Infantryman Badge.




__    Mark D. Manning       _
          CHAIRPERSON




INDEX

CASE ID
AR20060011163
SUFFIX

RECON

DATE BOARDED
21 FEBRUARY 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0111.0000
2.
107.0056.0000
3.
107.0069.0000
4.
107.0094.0000
5.

6.