RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060011400 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Thomas M. Ray

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. James R. Hastie

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

2.  The applicant states that he volunteered as a helicopter door gunner for 6 to 10 months while assigned to the Republic of Vietnam and wants to be awarded the Combat Infantryman Badge for this service. 

3.  The applicant provides a copy of his DD Form 214, a notarized witness statement, a photograph of himself in a helicopter, and an Authorization for Issuance of Awards (DA Form 1577) 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 5 January 1972, the date of his release from active duty.  The application submitted in this case is dated 6 August 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.  On 29 May 1969, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 76Y1O (Unit Supply Specialist).

4.  On 8 February 1970, the applicant was assigned for duty as a supply clerk with the 228th Supply and Service Company, in the Republic of Vietnam.  On 
9 June 1970 he was reassigned for duty as a supply clerk with Headquarters and Headquarters Company, 29th General Support Group.  He was returned to the United States on 4 January 1972.

5.  On 5 January 1972, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and completed 2 years, 
7 months and 7 days of creditable active duty.
6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Bronze Star Medal, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with "1960" Device.  It does not show award of the Army Good Conduct Medal, Combat Infantryman Badge, or any marksmanship qualification badges. 

7.  The notarized witness statement, dated 13 October 2003, states that the witness was in the Republic of Vietnam with the applicant between 1969 and 1971; and that the applicant was a door gunner in a helicopter unit in Bien Hoa, South Vietnam.  

8.  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 (formerly known as the Total Army Personnel 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.

9.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  

11.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

12.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaigns:  the Vietnam Winter-Spring, the DA Sanctuary Counteroffensive, the Vietnam Counteroffensive, Phase VII, and the Consolidation I, and II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that Headquarters and Headquarters Company, 29th General Support Group, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation, 

14.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

15.  Special Orders Number 175, United States Army Training Center, Fort Campbell, Kentucky, dated 23 July 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence to show that the applicant held an infantryman MOS, performed duty as an infantryman while assigned or attached to an infantry unit of brigade or smaller size, or engaged the enemy in active ground combat.  Therefore, there is no basis for award of the Combat Infantryman Badge to the applicant.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

4.  Records show that the applicant participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of the Vietnam Service Medal with a silver service star affixed.  

5.  General Orders show that the applicant's unit was awarded the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

6.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 January 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
4 January 1975.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JCR___  __JRH__  __TMR__  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 by:

	a.  awarding him the Army Good Conduct Medal for the period from 
29 May 1969 to 5 January 1972; and

	b. showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Meritorious Unit Commendation, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and a silver service star 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 award of the Combat Infantryman Badge.  




_     Thomas M. Ray_____
          CHAIRPERSON




INDEX

CASE ID
AR20060011400
SUFFIX

RECON
 
DATE BOARDED
20070301 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.

3.

4.

5.

6.