RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2007
	DOCKET NUMBER:  AR20060013789 


	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.


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	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, correction of his records to show a second award of the Combat Infantryman Badge (CIB).  

2.  The applicant states he was awarded the CIB with an oak leaf cluster in Vietnam, but he does not have the general orders for the award.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 31 July 1970.  The application submitted in this case is dated 21 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 into the Army on 31 October 1945 and was discharged on 1 December 1946 for enlistment in the Regular Army.  He was issued a WD AGO Form 53-55 (Enlisted Record and Report of Separation) for the period ending 1 December 1946 which shows he was awarded the American Campaign Medal and two Overseas Service Bars during this period.  

4.  The applicant enlisted in the Regular Army on 2 December 1946 and was discharged on 1 December 1949.  He was issued a WD AGO Form 53 for the period ending 1 December 1949 which does not show he was authorized any awards during this period.

5.  The applicant enlisted in the Enlisted Reserve Corps on 24 February 1950 and he was ordered to active duty on 18 August 1950.

6.  Headquarters and Headquarters Company, 65th Infantry Regiment, Special Orders Number 229, dated 23 October 1950, awarded the applicant the CIB.

7.  The applicant was discharged from active duty on 23 May 1952.  He was issued a DD Form 214 for the period ending 23 May 1952 which shows he was awarded the Korean Service Medal with four bronze service stars, the CIB, and the Combat Medical Badge during this period.

8.  The applicant enlisted in the Regular Army on 24 May 1952 and continued to serve on active duty until he was discharged from active duty on 4 July 1967 to accept an appointment as a warrant officer.

9.  The applicant was appointed as a Reserve warrant officer one (WO1) on 5 July 1967 with a concurrent call to active duty.

10.  He was assigned to Vietnam on 15 September 1968 with the 484th Signal Detachment as a radar repair technician.  

11.  The applicant departed Vietnam on 3 September 1969.  He was credited with participation in the Vietnam Counteroffensive Phase V Campaign, the Vietnam Counteroffensive Phase VI Campaign, the Tet 69 Counteroffensive 1969 Campaign, and the Vietnam Summer-Fall 1969 Campaign.  

12.  The applicant was released from active duty on 31 July 1970 and placed on the retired list on the following date.  His DD Form 214 for the period ending 31 July 1970 shows the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, and the Army Commendation Medal (First Oak Leaf Cluster).

13.  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, at the time of applicant's assignment to the 484th Signal Detachment, this unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 39, dated 1970.

14.  Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

15.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the CIB is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

16.  Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

17.  The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

18.  Army Regulation 600-8-22 (Military Awards), 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.

DISCUSSION AND CONCLUSIONS:

1.  Special orders show the applicant was awarded the CIB in October 1950 and it is properly reflected on his DD Form 214 for the period ending 23 May 1952.

2.  The applicant contends he was awarded the CIB with an oak leaf cluster in Vietnam.  However, the evidence of record shows he served as a radar repair technician with the 484th Signal Detachment during his tour in Vietnam.  Therefore, he is not eligible for a second award of the CIB.  

3.  The applicant was assigned to a unit during a period it was awarded the Meritorious Unit Commendation.  Therefore, this award should be added to his DD Form 214 for the period ending 31 July 1970.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  Therefore, this foreign unit award should be added to his DD Form 214 for the period ending 31 July 1970.

5.  The applicant received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show four bronze service stars for wear on his Vietnam Service Medal for the period ending 31 July 1970.

6.  The applicant was awarded the Korean Service Medal with four bronze service stars and served a period of qualifying service in Korea for award of the United Nations Service Medal and the ROK-KWSM.  Therefore, it would be appropriate to add these awards to his retirement DD Form 214 for the period ending 31 July 1970 as an exception to policy.

7.  Evidence shows that the applicant’s records contain administrative errors which do 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.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 July 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 July 1973.  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

x____ xx____ x_____  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.

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 errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by adding the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, four bronze service stars for wear on his 
already-awarded Vietnam Service Medal, the United Nations Service Medal, and the ROK-KWSM to his DD Form 214 for the period ending 31 July 1970.



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          CHAIRPERSON




INDEX

CASE ID
AR20060013789
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070417
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH NOTE
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0111
2.

3.

4.

5.

6.