RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	27 March 2007  
	DOCKET NUMBER:  AR20060012674 


	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.


x

	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 he be awarded the Combat Infantryman Badge (CIB). 

2.  The applicant states that he held the military occupational specialty (MOS) of a light weapons infantryman and that he served in Vietnam with honor, distinction and valor against a determined enemy force and deserves the award of the CIB. 

3.  The applicant provides a copy of his report of separation (DD Form 214). 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 6 September 1968.  The application submitted in this case is dated 18 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 29 June 1945 and enlisted in Buffalo, New York on 14 September 1965 for a period of 3 years.  He underwent all of his training at Fort Ord, California, was awarded the MOS of a light weapons infantryman and was transferred to Vietnam on 3 May 1966.

4.  The applicant was initially assigned as a security guard with the 14th Security Platoon and was advanced to the pay grade of E-3 on 12 May 1966.  He was transferred to the 161st Aviation Company on 8 January 1967 for duty as a security guard and was advanced to the pay grade of E-4 on 11 January 1967. On 6 February 1967, he was assigned the duties of a helicopter door gunner.

5.  He extended in Vietnam twice for a period of 6 months each in order to receive special leave and was reassigned to Company B, 123rd Aviation Battalion on 23 January 1968.

6.  He departed Vietnam on 6 June 1968 and was transferred to Fort Devens, Massachusetts, where he remained until he was honorably released from active duty (REFRAD) on 6 September 1968.  He had served 2 years, 11 months and 23 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Re[public of Vietnam Campaign Medal, the Air Medal with “V” Device and the Aircraft Crewmember Badge.

7.  A review of the applicant’s records shows no evidence that he was awarded the CIB.  However, his records do show that he had excellent conduct and efficiency ratings throughout his service and there is no derogatory information contained in his records that would serve to disqualify him for award of the Good Conduct Medal (GCMDL).

8.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  
    
9.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.    

10.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit 
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and he participated in five campaigns while assigned to Vietnam, which entitles him to wear one silver service star on his already awarded VSM. 

DISCUSSION AND CONCLUSIONS:

1.  While it is not disputed that the applicant served in Vietnam in an infantry MOS, the applicant served all of his time in non-infantry type units.  A prerequisite of being awarded the CIB is that the infantryman must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Therefore, absent evidence to show otherwise, there appears to be no basis to award him the CIB at this time.
  
2.  However, the evidence of record does establish that the applicant is entitled to awards of the RVNGC w/Palm Unit Citation and one silver service star for wear on his already awarded VSM.    

3.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the GCMDL for his service from 14 September 1965 through 6 September 1968.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the GCMDL, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.    

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 September 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 September 1971.  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 

____x  _x.___  __x___  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 awarding him the GCMDL for the period of 14 September 1965 through 6 September 1968, while serving in the rank of specialist four (SP4), the RVNGC w/Palm Unit Citation and one silver service star for wear on his already awarded VSM and by correcting his records accordingly. 

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 CIB.  




_____x______
          CHAIRPERSON




INDEX

CASE ID
AR20060012674
SUFFIX

RECON

DATE BOARDED
20070327
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(partial GRANT)
REVIEW AUTHORITY

ISSUES         1.107.0111
157/cib
2.107.0094
140/rvngc
3.107.0056
102/gcmdl
4.

5.

6.