RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060012614 


	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 his military records be corrected to show the award of the Combat Infantryman Badge.

2.  The applicant essentially states that the Combat Infantryman Badge is not shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides no additional evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
8 April 1991, the date of his retirement from the Georgia Army National Guard. The application submitted in this case is dated 29 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 show that he enlisted in the United States Army Reserve on 31 January 1958.  On 5 May 1964, he enlisted in the Regular Army, and served on active duty for 3 years in military occupational specialty (MOS) 94D (Bread Baker) before being honorably discharged on 4 May 1967.
On 29 May 1976, he enlisted in the Georgia Army National Guard, and served until he was discharged on 28 March 1982.  On 25 May 1983, he enlisted in the Georgia Army National Guard, and served until he was transferred to the Retired Reserve on 8 April 1991.  The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that was issued to him at the time of his retirement shows that he was awarded the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Army Reserve Components Achievement Medal.  Although the applicant refers to the “other DD 214”, the only DD Form 214 present in his military records was from his service in the Regular Army from 5 May 1964 to 4 May 1967.
 

4.  The applicant essentially requested award of the Combat Infantryman Badge. However, the applicant’s military records show that during his tour in Vietnam, he served as a cook for the 8th Field Hospital.  The applicant’s military record also show that he completed 96 hours of military education for MOS 11B (Infantryman) in 1981.  It further shows that on 16 November 1990, he was reassigned from the 138th Medical Company to Headquarters and Headquarters Company, 1/121st Infantry Battalion, and assigned against a position with a duty MOS of 76Y (Unit Supply Specialist).  Although it is not clear when the applicant entered active duty during this period, it appears that while assigned to this unit, the unit was activated for mobilization and deployment in support of Operations Desert Shield and Desert Storm.  However, while at the Fort Stewart, Georgia Processing Detachment, he was released from active duty on 31 January 1991, as he was in a nondeployable status.

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown in his military records.

6.  The applicant’s NGB Form 22 does not show that he was awarded the Army Achievement Medal.  However, he was awarded the Army Achievement Medal by Permanent Orders Number 3-6, dated 9 August 1990, from the 117th Mobile Army Surgical Hospital, Atlanta, Georgia. 

7.  The applicant’s NGB Form 22 shows that he was only credited with one award of the National Defense Service Medal.  However, the applicant served on active duty from 5 May 1964 to 4 May 1967, and also served on active duty for an undetermined period on or after 2 August 1990 to 31 January 1991.  

8.  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 8th Field Hospital, the unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 31, dated 1967, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.

9.  The applicant’s military records show that he was awarded the Vietnam Service Medal, but it 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.  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 Defense Campaign, and the Vietnam Counteroffensive Campaign.

10.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge, and paragraph 8-6k specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs
8-6b and c to be awarded the Combat Infantryman Badge during the period 17 January 1991 to 11 April 1991.  These paragraphs state 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 or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces 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 or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

11.  Army Regulation 600-8-22 also provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Combat Infantryman Badge.

2.  There is no evidence in the applicant’s military records, and the applicant failed to provide any evidence which shows that he is entitled to award of the Combat Infantryman Badge.  Absent such evidence, there is no basis for granting relief to the applicant in this case.  

3.  Permanent orders awarded the applicant the Army Achievement Medal which is not shown on his NGB Form 22.  Therefore, he is entitled to correction of his military records to show the award of the Army Achievement Medal.

4.  The applicant served on active duty during two qualifying periods of service for award of the National Defense Service Medal.  Therefore, he is entitled to award of the National Defense Service Medal with One Bronze Service Star.

5.  General orders awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 8th Field Hospital while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.

6.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  Evidence shows that the applicant’s Army National Guard (ARNG) records and the applicant’s Department of the Army (DA) 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 Army National Guard and Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/
RECOMMENDATION section below.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 April 1991; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 7 April 1994.  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 errors in the ARNG and DA records of the individual concerned should be corrected.  Therefore, the Board requests that the Army National Guard and the CMSD-St. Louis administratively correct the ARNG and DA records of the individual concerned by:

a.  amending his NGB Form 22 to show the award of the Army Achievement Medal;

b.  awarding him the National Defense Service Medal with One Bronze Service Star and adding this award to his NGB Form 22;

c.  awarding him the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

c.  showing two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




_______John Slone_________
          CHAIRPERSON




INDEX

CASE ID
AR20060012614
SUFFIX

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.
107.0025.0000
3.
107.0069.0000 (add bronze service star)
4.
107.0034.0000
5.
107.0094.0000
6.
107.0073.0000 (add bronze service stars)
7.
110.0400.0000