RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060012557 


	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 that the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was awarded the CIB in Vietnam but it was not recorded on his DD Form 214.  He believes the record is in error and unjust because his CIB was omitted from his DD Form 214.  He has evidence to support his claim of being awarded the CIB.

3.  The applicant provides a photograph of an Army uniform with the CIB and 
the Republic of Vietnam Campaign Medal; and a supplemental letter, dated 30 August 2006.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 15 October 1969.  The application submitted in this case is dated 30 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 inducted into the Army on 11 March 1968.  He completed basic combat training at Fort Jackson, South Carolina and advanced individual training (AIT) at Fort Gordon, Georgia.  At the completion of AIT, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 13 September 1968 with Company D, 2nd Battalion, 35th Infantry, 4th Infantry Division as a rifleman.  He was reassigned to Company D, 52nd Infantry in January 1969.

5.  The applicant’s personnel records contain a letter, dated 21 May 1969, addressed to the commanding officer at Company D, 2nd Battalion, 35th Infantry, 4th Infantry Division.  This letter indicated the applicant was assigned to Company D, 52nd Infantry on 16 January 1969 and that he arrived without any record of him being awarded the CIB.  There are no orders for award of the CIB in the applicant’s personnel records.

6.  Headquarters, United States Army Vietnam General Orders Number 3383, dated 4 September 1969, awarded the applicant the Army Commendation Medal for meritorious service from September 1968 to October 1969.  

7.  The applicant departed Vietnam on 14 October 1969.  He was credited with participation in the Vietnam Counteroffensive Phase V Campaign, the Vietnam Counteroffensive Phase VI Campaign, the Tet 69 Counteroffensive 1969 Campaign, and the Vietnam Summer-Fall 1969 Campaign.

8.  The applicant was honorably released from active duty on 15 October 1969.  His DD Form 214 shows the Good Conduct Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and two Overseas Bars as authorized awards.

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.  This document shows that, at the time of the applicant's assignment to Company D, 2nd Battalion, 35th Infantry, 4th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 38, dated 1970.

10.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to Company D, 2nd Battalion, 35th Infantry, 4th Infantry Division, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.


12.  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.  There are no orders which authorize award of the CIB to the applicant.  The general orders awarding him the Army Commendation Medal indicates he received this award for meritorious service.  

2.  The applicant completed infantry training and was awarded MOS 11B.  Although he was assigned to an infantry unit in Vietnam, there is no evidence of record which indicates he served in active ground combat while assigned to this unit.  It appears he did not meet the requirements for award of the CIB.  Therefore, there is insufficient evidence as a basis to correct his DD Form 214 to show award of the CIB.  

3.  The applicant received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show four bronze service stars for wear on his Vietnam Service Medal.

4.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these foreign unit awards should be added to his DD Form 214.

5.  Evidence shows that the applicant’s records contain administrative errors which do 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.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 October 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 14 October 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

x______  x_____  x_____  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 errors 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 to show four bronze service stars on his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




x_________
          CHAIRPERSON




INDEX

CASE ID
AR20060012557
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070322
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH NOTE
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0111
2.

3.

4.

5.

6.