RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060012955 


	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. G. E. Vandenberg

Analyst

The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. David K. Haasenritter

Member

Mr. Edward E. Montgomery

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 that his records be corrected to show award of the Army Commendation Medal and by awarding him the Combat Infantryman Badge.

2.  The applicant states he was an 11B (infantryman) in combat and should receive the Combat Infantryman Badge and his award of the Army Commendation Medal was omitted from his DD Form 214 (Report of Separation or Discharge). 

3.  The applicant provides copies of his DD Form 214, and Headquarters, 9th Infantry Division General Orders Number 7121, awarding him the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 September 1968, the date of his release from active duty.  The application submitted in this case is dated 31 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 record shows the applicant was inducted and entered active duty on
5 October 1966 with 3 years, 2 months, and 25 days of prior service in the Idaho Army National Guard (IDARNG) and United States Army Reserve (USAR).

4.  Headquarters, 9th Infantry Division General Orders Number 7121, dated 15 August 1968, awarded the applicant the Army Commendation Medal for meritorious service in Vietnam from 28 September 1967 to 15 August 1968.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 1 December 1966.  He served with Company C, 3rd Battalion, 
39th Infantry Regiment from 30 January 1968 through 5 February 1968 and Company C, 2nd Battalion, 47th Infantry Regiment from 6 February 1968 through 27 September 1968.

6.  The DA Form 20 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant was honorably released from active duty on 28 September 1968.  He had a total of 5 years, 2 months, and 19 days of creditable service.  The DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

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 while the applicant was assigned to the 3rd Battalion, 39th Infantry Regiment and the 2nd Battalion, 47th Infantry Regiment, they were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  The pamphlet further notes that an individual will not be issued or wear more than one RVN Gallantry Cross with Palm Unit Citation or RVN Civil Actions Honor Medal First Class Unit Citation.

9.  Army Regulation 600-8-22 (Military Awards) 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.  

10.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following four campaign periods: the Counteroffensive Phase III, 1 June 1967 – 29 January 1968; the Tet 
Counteroffensive, 30 January 1968 – 1 April 1968; the Counteroffensive Phase IV, 2 April 1968 – 30 June 1968; and the Counteroffensive Phase V, 1 July 1968 – 1 November 1968.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal for meritorious service.  This award was omitted from his DD Form 214 and it is appropriate to correct the records to reflect this award.

2.  The applicant served during four campaign periods and as such is authorized to wear four bronze service stars on his Vietnam Service Medal.

3.  In addition to the awards listed on his DD Form 214, he is also authorized award of the Expert Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  The record contains no indication that the applicant served in combat during his period of service in Vietnam.  Award of the Army Commendation Medal for meritorious service does not constitute documentation of service in combat.  Without some type of documentation to demonstrate that the applicant actually served in combat as an infantryman, award of the Combat Infantryman Badge is not appropriate.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 September 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 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 

__PMS__  __EEM__  __DKH__  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 showing that, in addition to the awards listed on his DD Form 214, he is also authorized award of the Army Commendation Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and to wear four bronze service stars on his already-awarded 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.




_        Paul M. Smith___________
          CHAIRPERSON


INDEX

CASE ID
AR20060012955
SUFFIX

RECON
 
DATE BOARDED
20070501 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.