RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2007
	DOCKET NUMBER:  AR20060013662 


	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

Mrs. Phyllis M. Perkins

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell  

Chairperson

Mr. Thomas M. Ray

Member

Ms. Rea M. Nuppenau

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 awarded the Combat Infantryman Badge but did not receive it.  He further states that he left his unit before receiving the award and was told that a copy of the orders for the award would be sent to him. 

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 March 1977, date of his retirement.  The application submitted in this case is dated 10 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 service personnel records show he enlisted in the Regular Army on 20 September 1955, at the age of 17 with parental consent.  His records show he served in the Republic of Vietnam during the periods 31 May 1967 through 26 May 1969; 7 April 1969 through 24 March 1970; and 5 September 1970 through 24 June 1971.  Records further show the applicant retired from active duty on 31 March 1977.  

4.  The applicant's records show during his tours in the Republic of Vietnam he served in military occupational specialty (MOS) 31M20 (Radio Relay and Carrier Attendant), 11F4P (Infantry Operations and Intelligence Specialist), and 31N40 (Tactical Circuit Controller).





5.  The applicant's DD Form 214 (Report of Separation from Active Duty) and DA Form 20 (Enlisted Qualification Records) do not show award of the Combat Infantryman Badge.  There are no orders in the available records which show the applicant was awarded the Combat Infantryman Badge. 

6.  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.  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.

7.  Review of the applicant's personnel records indicated that he is entitled to additional awards that are not shown on his DD Form 214. 

8.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

9.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III. TET Counteroffensive, Vietnam Counteroffensive Phase IV, TET Counteroffensive 69, Vietnam Summer-Fall 1969 Campaign, Vietnam Winter-Spring 1970 Campaign, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII during his tour of duty in Vietnam.  

10.  Army Regulation 600-8-22 authorizes 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 campaign or service medal including the Vietnam Service Medal.  A silver service star is worn instead of five bronze service stars.








11.  Department of 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, at the time of the applicant’s assignment to 459th Signal Battalion, Headquarters and Headquarters Company, Company D, it was awarded the Meritorious Unit Commendation based on Department of the Army General Orders 42, dated 1969.

12.  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 Headquarters and Headquarters Company, 1st Brigade of the 101st Airborne Division, it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the award of the Combat Infantryman Badge.

2.  The records available contain no evidence which shows the applicant was awarded the Combat Infantryman Badge.  

3.  Evidence shows the applicant served in an infantry military occupational specialty; however, there is no evidence that shows he served in an infantry unit of regimental size or smaller in ground combat which is required by regulation for award the Combat Infantryman Badge.  In the absence of evidence, there is insufficient basis for award of the Combat Infantry Badge in this case.

4.  Evidence shows that during the applicant's assignment with the 459th Signal Battalion, he was awarded the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show this foreign unit award. 

5.  Evidence shows that during the applicant's assignment with the1st Brigade of the 101st Airborne Division, he was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  Evidence shows the applicant participated in nine campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show award of a silver service star and four bronze service stars affixed to his Vietnam Service Medal. 
7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 March 1977; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 March 1980.  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.

8.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_TMR___  _RMN_ __  _JTM___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to award 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 statue 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 Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and by awarding a silver service star and four bronze service stars to be affixed to his previously awarded Vietnam Service Medal. 






_John T. Meixell__
          CHAIRPERSON




INDEX

CASE ID
AR20060013662
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/17
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.