RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060011977 


	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

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Kenneth Wright

Chairperson

Mr. Chester Damian

Member

Ms. Ernestine Fields

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 award of the Combat Infantryman Badge and the Presidential Unit Citation.  He also requests, in effect, award of an unspecified number of bronze service stars to be affixed to the Vietnam Service Medal. 

2.  The applicant states that he served with the 503rd Infantry of the 173rd Airborne Division in Vietnam from April to September 1970.  He also contends that his military occupational specialty (MOS) was 11B (light weapons infantryman). 
 
3.  The applicant provides a letter, dated 21 August 2006, from the National Personnel Records Center in St. Louis, Missouri and a copy of his DD Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
28 September 1970.  The application submitted in this case is dated 1 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’s military records are not available to the Board.  This case is being considered using reconstructed records, which primarily consist of his DD Form 214, enlistment records, an enlistment physical examination, and discharge orders.  

4.  The applicant enlisted on 5 October 1967 for a period of 3 years.  His DD Form 214 shows his MOS was 11B, that he served in Vietnam from 29 April 1970 to 28 September 1970, and that his last duty assignment was Company C, 4th Battalion, 503rd Infantry of the 173rd Airborne Brigade.  On 28 September 1970, the applicant was released from active duty.  

5.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Parachutist Badge, the Armed Forces Expeditionary Medal (Korea), two awards of the Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

6.  There are no orders for the Combat Infantryman Badge in the available records.

7.  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 was not cited for award of the Presidential Unit Citation while he was assigned to it.

8.  Department of the Army Pamphlet 672-3 shows the applicant's unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971 

9.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

10.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

13.  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.  
DISCUSSION AND CONCLUSIONS:

1.  Although the evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam, there are no orders for the Combat Infantryman Badge.  In addition, there is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  Department of the Army Pamphlet 672-3 shows the applicant's unit was not cited for award of the Presidential Unit Citation while he was assigned to it.  Therefore, there is insufficient evidence on which to base award of the Presidential Unit Citation.

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

4.  The applicant’s unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

5.  Records show the applicant should have discovered the alleged errors now under consideration on 28 September 1970; therefore, the time for the applicant to file a request for correction of any error expired on 27 September 1973.  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 

KW____  ___CD___  __EF___  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 amending his DD Form 214 to add 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.

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 and the Presidential Unit Citation.  



__Kenneth Wright______
          CHAIRPERSON




INDEX

CASE ID
AR20060011977
SUFFIX

RECON

DATE BOARDED
20070327
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.