RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060013374 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. John N. Sloane

Chairperson

Mr. David K. Haasenritter 

Member

Mr. John G. Heck

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, in effect, that he be awarded the Combat Infantryman Badge and that his DD Form 214 (Report of Separation from Active Duty), dated 1 July 1975, be amended to show this award.

2.  The applicant states, in effect, that he was a radio operator and attached to the 1st Squadron, 9th Cavalry during the Tet Offensive Campaign.  

3.  The applicant provides a copy of his DD Form 214 and a copy of his DA Form 20 (Enlisted Qualification Record) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 1 July 1975, the date of his discharge.  The application submitted in this case is dated 6 September 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 record shows he enlisted in the Regular Army on 15 June 1966.  The applicant successfully completed basic combat training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Jackson, South Carolina.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 05B, Radio Operator.

4.  The applicant was promoted to pay grade E-4 on 6 May 1968.  He served in Vietnam from 20 January 1968 to 19 January 1969, as a radio teletype operator, in MOS 05C, with Headquarters and Headquarters Detachment (HHD), and Troop A, of the 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division.  He also served with the HHD, 1st Cavalry Regiment, 1st Cavalry Division.  

5.  The applicant was honorably discharged on 1 July 1969, for immediate reenlistment.  He reenlisted on 2 July 1969, in MOS, 05C2O.  He served until he was honorably discharged on 1 July 1975.  
6.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Army Commendation Medal; the Good Conduct Medal (2nd award); the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar, (M-16); and the Expert Marksmanship Qualification Badge, with Rifle Bar, (M-14).  His DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

7.  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.  A silver service star is authorized in lieu of five bronze service stars.  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 Counteroffensive Phase III, Phase IV, Phase V, and Phase VI Campaigns and the Vietnam Tet Counteroffensive Campaign.

8.  Item 27 (Military Education), of his DA Form 20, shows that he completed the radio operator's course, MOS 05B, in 1966; and the radio teletype operator's course, MOS 05C, in 1967.

9.  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 military occupational specialty (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 (formerly known as the Total Army Personnel 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.  The basic criteria for award of the Combat Infantryman Badge were contained in AR 672-5-1, in effect at the time.  U.S. Army Vietnam (USARV) Regulation 672-1, Appendix V, provided guidance for award of the Combat Infantryman Badge during the Vietnam War Era.  The USARV regulation spelled out exceptions to paragraph 96, AR 672-5-1 that were made in Department of the Army unclassified message 49117, dated 19 October 1967.  In this message the USARV regulation expanded the pool of those Soldiers eligible for award of the Combat Infantryman Badge and included those Soldiers holding the MOS 05B; however, meeting the additional specific criteria was a requirement for its award.  The additional specific criteria for award of the Combat Infantryman Badge was stated as follows in paragraph 3.b. "(15) Radio/Telephone Operator (if the primary duty is to accompany infantry or infantry-type units on tactical operations)" on page 3, of appendix 3, to Annex A, USARV Regulation 672-1.

11.  DA Pamphlet 672-3 shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The Combat Infantryman Badge was awarded to infantry officers and to enlisted and warrant officer persons who held an infantry MOS.  They must also have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The applicant was classified as a Radio Operator, MOS 05B, but served in Vietnam as a Radio Teletype Operator, MOS 05C, and was assigned to a cavalry regiment.  There is no evidence to show that the applicant was assigned or attached to an infantry unit and performed the duties of a radio operator, in MOS 05B.  He is therefore not eligible for award of the Combat Infantryman Badge for his service in Vietnam.

2.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in five campaigns; therefore, he is entitled to one silver service star to be affixed to his already-awarded Vietnam Service Medal.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  Therefore, he is entitled to correction of his records to show this unit award.

4.  Evidence shows that the applicant’s records contain administrative error which does 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.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 July 1975; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 June 1978.  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

__JH___  ___S____  __DKH___  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 for award of the Combat Infantryman Badge.

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 error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Vietnam Service Medal, with one silver service star; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.




______John N. Sloane____
          CHAIRPERSON

INDEX

CASE ID
AR20060013374
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19750701
DISCHARGE AUTHORITY
AR 635-200, chapter 2
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.