RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060012785 


	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

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Ms. Linda M. Barker

Member

Mr. Michael J. Flynn

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 correction of his records to show award of the 
Combat Infantryman Badge.

2.  The applicant states, in effect, that he was assigned to an artillery unit in Vietnam and functioned as an infantryman at times while on patrol. 

3.  The applicant provides no additional documentation in support of this case.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel states, in effect, that the necessary orders for award of the CIB are not in the applicant's record and the applicant only served as a 13A (Artilleryman) not in an 11B (Infantryman) slot required for award of the CIB.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 29 July 1967.  The application submitted in this case is dated 21 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 in the Army on 28 October 1965 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 13A (Field Artillery Basic).

4.  The applicant arrived in Vietnam with his unit, Howitzer Battery, 1st Squadron, 11th Armored Cavalry Regiment, on or about 7 September 1966, where he performed duties as a cannoneer and cargo carrier driver.  

5.  The applicant departed Vietnam on or about 1 April 1967 after being credited with participating in two campaigns.  On 29 July 1967, the applicant was honorably released from active duty in the rank of Specialist Four/E-4 after completing 1 year, 9 months, and 2 days of creditable active service with no time lost.  
6.  The applicant's DD Form 214 with the ending period of 29 July 1967 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Expert Marksmanship Qualification Badge (M-16), and Marksman Marksmanship Qualification Badge (M-14).

7.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel 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.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

11.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 11th Armored Cavalry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 through 10 August 1968 based on Headquarters, Department of the Army General Orders Number 60, dated 1969.

12.  Army Regulation 600-8-22 provides, in pertinent part, for 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.  Evidence of record shows that the applicant was assigned to an Artillery Battery and his principal duties while in Vietnam were cannoneer and cargo carrier driver.  

2.  However, the three criteria for award of the Combat Infantryman Badge is to be assigned to an infantry unit, perform infantry duties, and hold an infantry specialty.  It is acknowledged that the applicant may have functioned as an infantryman while on patrols; however, the evidence of record shows that while serving in Vietnam his primary specialty was 13A Field Artillery Basic which makes him ineligible for award of the Combat Infantryman Badge.  The performance of infantry tasks is not solely the basis for the award of the Combat Infantryman Badge.  

3.  Military history contains many examples of non-infantry Soldiers temporarily performing basic infantry duties that all Soldiers are taught as part of their basic combat training.  

4.  The applicant was separated in the rank of Specialist Four with 2 years, 
9 months, and 2 days of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal 1st Award for the period 28 October 1965 through 29 July 1967.

5.  The applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be amended to add this award.

6.  The applicant’s participation in two campaigns entitles him to two bronze service stars to be worn on his Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 July 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
28 July 1970.  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 

__LE   __  __LMB __  __MJF __  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:

	a.  by awarding the applicant the Army Good Conduct Medal 
(1st Award) for the period 28 October 1965 through 29 July 1967; and
	
	b.  amending his DD Form 214 to add the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be worn on his 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.




_____Lester Echols____
          CHAIRPERSON




INDEX

CASE ID
AR20060012785
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0111.0000
2.

3.

4.

5.

6.