RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060011862


	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 his records be corrected to show his date of birth (DOB) as 7 March 1950 and that he earned the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his DOB as 27 March 1950.  He also states he held an infantry MOS (military occupational specialty) and was assigned to Company B, 3rd Battalion, 23rd Infantry, 196th Infantry Brigade, 23rd Infantry Division (Americal).  He states he went on several missions and should receive the CIB.

3.  The applicant provides:

	a.  his DD Form 214 for the period 15 July 1970 to 19 February 1971;

	b.  his birth certificate showing his DOB as 7 March 1950; and

	c.  Special Order Number 13, Headquarters, 23rd Infantry Division (Americal), dated 13 January 1971, showing that he was assigned to Company B, 3rd Battalion, 23rd Infantry, 196th Infantry Brigade as of 19 January 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 19 February 1971.  The application submitted in this case is dated 3 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.  The applicant was born on 7 March 1950.  He was inducted into the Army of the United States for 2 years on 15 July 1970.  His DD Form 47 (Record of Induction) incorrectly shows his DOB as 27 March 1950, with the "2" in 27 March struck over as if to eliminate it.
4.  The applicant completed Basic Combat Training at Fort Dix, NJ from 27 July to 18 September 1970.  He completed Infantry Advanced Individual Training (AIT) at Fort Polk, LA from 21 September to 25 November 1970.  While in AIT, he applied for a hardship discharge because his mother's health had deteriorated in the 2 months of his active service.

5.  The applicant was reassigned from Fort Polk to Vietnam.  He arrived in Vietnam on/about 4 January 1971 and was assigned to the 23rd Infantry Division (Americal).  He was initially assigned to the Americal Division Combat Center for in-country training.  On 19 January 1971, he was further assigned to Company B, 3rd Battalion, 23rd Infantry, 196th Infantry Brigade as a rifleman.

6.  The applicant's hardship discharge request was approved and he received orders on 15 February 1971 reassigning him to the United States for separation processing.  He departed Vietnam on/about 15 February 1971.  He was honorably discharged at Fort Lewis, WA on 19 February 1971 under the provisions of chapter 6, Army Regulation (AR) 635-200 by reason of hardship.

7.  The applicant's DD Form 214 shows his DOB as 27 March 1950; his MOS as 11B (Light Weapons Infantryman); and his awards and decorations as the National Defense Service Medal, the Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.

8.  Orders in the applicant's records show that he was awarded the Expert Marksmanship Qualification Badge with M-60 Machinegun Bar, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat (emphasis added) while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised in similar cases, that during the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

	b.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be awarded and will be worn on the appropriate service medal.  The applicant served in Vietnam during one campaign.

	c.  The Government of Vietnam awarded the Vietnam Campaign Medal to all members of the Armed Forces of the United States for qualifying service of 6 months or more in Vietnam during the period 1 March 1961 through 28 March 1973.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  Department of the Army General Orders (DAGO) 8, dated 1974, announced award of the Vietnam Gallantry Cross with Palm Unit Citation for Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973, and to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DOB is incorrectly reflected on his DD Form 214.  His DOB should be 7 March 1950, not 27 March 1950.  This should be corrected.

2.  Based upon the available evidence, the applicant's entitlement to the CIB cannot be determined.  He was assigned to Company B, 3rd Battalion, 23rd Infantry, 196th Infantry Brigade, 23rd Infantry Division (Americal) for less than 30 days before he was returned to the United States for a hardship discharge.  While it is true he held the 11B Infantryman MOS and he was assigned to a company-sized infantry unit in Vietnam, there is no proof the applicant served in active ground combat.

3.  The applicant is entitled to several awards, decorations, and badges which do not appear on his DD Form 214.  He is entitled to award of the Expert Marksmanship Qualification Badge with M-60 Machinegun Bar, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar in addition to his Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.  He is also entitled to award of the Vietnam Gallantry Cross with Palm Unit Citation.  He is also entitled to one bronze service star for wear on his Vietnam Service Medal.

4.  The applicant is not entitled to award of the Republic of Vietnam Campaign Medal because he did not serve the requisite 6 months in-country.  Additionally, he is not entitled to a Good Conduct Medal because he served less than one year on active duty.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 February 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
18 February 1974.  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 

__wfc___  __eem___  __rmn___  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.  changing his DOB from 27 March 1950 to 7 March 1950; and

	b.  deleting the Vietnam Service Medal.

2.  The Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him and adding to his DD Form 214:

	a.  the Vietnam Service Medal with one bronze service star;

	b.  the Expert Marksmanship Qualification Badge with M-60 Machinegun Bar, the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar; and
	c.  the Vietnam Gallantry Cross with Palm Unit Citation.

3.  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 CIB.



						William F. Crain
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060011862
SUFFIX

RECON

DATE BOARDED
20070308
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.
107.0000
3.

4.

5.

6.