RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060013564 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Curtis Greenway

Chairperson

Mr. Michael Flynn

Member

Mr. Edward 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 award of the Combat Infantryman Badge.

2.  The applicant states that he was an infantryman in Vietnam and should have been awarded the Combat Infantryman Badge.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 29 November 1965.  The application submitted in this case is dated 
11 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 was inducted on 29 November 1963.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 17 August 1965.  He served in MOS 11B assigned to Company B, 1st Battalion, 7th Cavalry of the 1st Cavalry Division in Vietnam from 
17 September 1965 through 16 November 1965.  On 29 November 1965, the applicant was released from active duty in the rank of private first class after completing 2 years and 1 day of creditable active service with no time lost.  

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the Vietnam Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Pistol Bar as authorized awards.  

5.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not 

contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

7.  Records show the applicant participated in one campaign during his assignment in Vietnam.

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 the applicant's unit is entitled to award of the Presidential Unit Citation for actions during the period 23 October 1965 to 
26 November 1965 based on Department of the Army General Orders Number 40, dated 1967.

9.  Department of the Army Pamphlet 672-3 shows the applicant's unit is entitled to one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (during the period 9 August 1965 to 13 November 1965) based on Department of the Army General Orders Number 20, dated 1969; and one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (during the period 14-16 November 1965) based on Department of the Army General Orders Number 21, dated 1969.

10.  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 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.

11.  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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

12.  Army Regulation 600-8-22, in pertinent part, authorizes 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.  

13.  Army Regulation 600-8-22 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.

14.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. 

DISCUSSION AND CONCLUSIONS:

1.  Although the evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam, there are no orders for the Combat Infantryman Badge.  In addition, there is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  The applicant was released from active duty in the rank of private first class with 2 years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 29 November 1963 through 29 November 1965 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

3.  The applicant participated in one campaign during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one bronze service star.

4.  The applicant served a period of qualifying service for award of the National Defense Service Medal.

5.  The applicant’s unit was cited for award of the Presidential Unit Citation while he was assigned to it.

6.  The applicant's unit was awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is entitled to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  Records show the applicant should have discovered the alleged error now under consideration on 29 November 1965; therefore, the time for the applicant to file a request for correction of any error expired on 28 November 1968.  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 

CG____  __MF____  ___EM___  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.  awarding him the first award of the Good Conduct Medal for the period 29 November 1963 through 29 November 1965; and 

	b.  amending his DD Form 214 to add the Good Conduct Medal, the National Defense Service Medal, the Presidential Unit Citation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star for wear 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.  




__Curtis Greenway_____
          CHAIRPERSON




INDEX

CASE ID
AR20060013564
SUFFIX

RECON

DATE BOARDED
20070412
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.
107.0000
3.

4.

5.

6.