RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060012380 


	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, in effect, that he be awarded the Combat Infantryman Badge.  He also essentially requests that the prefix on his service number be changed to show that he was drafted.  He further requests, in effect, that his last duty assignment shown in item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to show that he was assigned to the 2nd Squadron, 17th Cavalry Regiment.  Additionally, he requests, in effect, that his military records be corrected to show that he served 2 years of active duty in the Army, not 3 years.

2.  The applicant essentially states that he was a “tunnel rat” with the 101st Airborne Division, but was never awarded the Combat Infantryman Badge for his combat service from November 1967 to 16 June 1969.  He also states, in effect, that he was given a Regular Army (RA) prefix for his service number, but that he was drafted and had an Army of the United States (US) prefix.  He also essentially states that the unit shown in item 12 of his DD Form 214 should be the 2nd Squadron, 17th Cavalry Regiment.  Additionally, he states that he served 2 years of active duty in the Army, not 3 years.

3.  The applicant provides his DD Form 214 and a self-authored statement in support of his three applications.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 November 1969, the date of his release from active duty.  The applications submitted in this case are dated 18 July 2006, 6 November 2006, and 
12 January 2007.

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 majority of the applicant’s military records are not available for review.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.  

4.  The available records show that the applicant enlisted in the Regular Army on 29 November 1967.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  After completing the Basic Airborne Course, he departed for the Republic of Vietnam on 17 June 1968, and initially served with Troop C, 2nd Squadron, 17th Cavalry Regiment, 101st Airborne Division.  On 17 February 1969, he was reassigned to Headquarters and Headquarters Troop (HHT) of the same squadron.  He returned to the continental United States on or about 
15 June 1969, and was reassigned to Fort Bragg, North Carolina, where he served with Company C, 3rd Battalion, 504th Infantry Regiment, 82nd Airborne Division until he was honorably released from active duty on 28 November 1969. The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, and the basic Parachutist Badge.

5.  The applicant requested that he be awarded the Combat Infantryman Badge.  Item 35 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that he served as a Rifleman in MOS 11B with Troop C, 2nd Squadron, 17th Cavalry Regiment from 3 July 1968 to 16 February 1969, and also served as a Scout Observer with HHT, 2nd Squadron, 17th Cavalry Regiment from 17 February 1969 to 9 June 1969.  However, Item 41 (Awards and Decorations) of this same form does not show that he was awarded the Combat Infantryman Badge.  There are no orders in his military records which awarded him the Combat Infantryman Badge, and there is no evidence in his military records that he served in active ground combat while assigned in Vietnam.

6.  The applicant also essentially stated that his prefix on his service number should be changed from “RA” to “US” because he was drafted into the Army of the United States.  However, the applicant’s military records contain a DD Form 4 (Enlistment Contract – Armed Forces of the United States) which clearly shows that he voluntarily enlisted in the Regular Army on 29 November 1967.

7.  The applicant also requested, in effect, that his last duty assignment shown in item 12 of his DD Form 214 be changed to show that he was assigned to 2nd Squadron, 17th Cavalry Regiment.  However, item 38 (Record of Assignments) of his DA Form 20 clearly shows that his last duty assignment was Company C, 3rd Battalion, 504th Infantry Regiment.

8.  The applicant also stated, in effect, that his military records should be corrected to show that he served 2 years of active duty in the Army, not 3 years.  However, no document in his military records shows or suggests that the applicant served on active duty for 3 years.

9.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

10.  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 101st Airborne Division, the division was twice cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 37, dated 1970, and Department of the Army General Orders Number 51, dated 1971.  This document also shows that at the time of the applicant’s assignment to 2nd Squadron, 17th Cavalry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21, dated 1969.

11.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but does not show that he was awarded any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains the regulatory guidance on the Vietnam 
Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in, and that a silver service star is worn in lieu of 5 bronze service stars.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his assignment in Vietnam, the applicant was credited with participating in the Vietnam Counteroffensive Phase IV campaign, the Vietnam Counteroffensive Phase V campaign, the Vietnam Counteroffensive Phase VI campaign, the TET 69 Counteroffensive campaign, and the Vietnam Summer-Fall 1969 campaign. 

12.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge.  He also contends that the prefix on his service number should be changed to show that he was drafted.  He further contends that his last duty assignment shown in item 12 of his DD Form 214 should be changed to show that he was assigned to 2nd Squadron, 17th Cavalry Regiment.  Additionally, he contends that his military records should be corrected to show that he served
2 years of active duty in the Army, not 3 years.

2.  Although the applicant performed infantry duties in an infantry unit while in Vietnam, there is no evidence that he served in active ground combat with this unit.  Regrettably, absent such evidence, there is no basis for awarding the Combat Infantryman Badge to the applicant in this case.

3.  Although the applicant contends that he was drafted into the Army of the United States, evidence of record clearly shows that he voluntarily enlisted in the Regular Army on 29 November 1967.  Therefore, there is no basis for changing the prefix on his service number from “RA” to “US.”

4.  Although the applicant contends that item 12 of his DD Form 214 should be changed to show that he was assigned to 2nd Squadron, 17th Cavalry Regiment, his military records clearly show that his last duty assignment was Company C, 3rd Battalion, 504th Infantry Regiment.  Therefore, there is no basis for granting relief to this portion of the applicant’s request.

5.  Although the applicant contends that his military records should be corrected to show that he served 2 years of active duty in the Army, and not 3 years, no document in his military records shows or suggests that he served on active duty for 3 years.  Therefore, there is no basis for granting relief to this portion of the applicant’s request.

6.  General orders twice awarded the Meritorious Unit Commendation to the 101st Airborne Division while the applicant was assigned to the division.  General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 2nd Squadron, 17th Cavalry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit Commendation with First Oak Leaf Cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.

7.  The applicant participated in five campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show one silver service star to be affixed to this already-awarded Vietnam Service Medal.

8.  Evidence shows that the applicant’s records contain administrative error which does 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.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 November 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
27 November 1972.  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

___JS___  ___DH __  __JH____  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 error 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 by awarding him the Meritorious Unit Commendation with First Oak Leaf Cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and by showing one silver service star to be affixed to his already-awarded Vietnam Service Medal.




_______John Slone__________
          CHAIRPERSON




INDEX

CASE ID
AR20060012380
PREFIX

RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH ADMIN NOTE
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0111.0000
2.
100.0000.0000 (3)
3.
107.0034.0000 (2)
4.
107.0094.0000
5.
110.0400.0000
6.