RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060013809 


	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. W. W. Osborn, Jr.

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Ernestine I. Fields

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 he be awarded the Combat Infantryman Badge for his service in Vietnam. 

2.  The applicant states that he believes that he should have been awarded the Combat Infantryman Badge.  He was awarded the Army Commendation Medal and the Purple Heart with First Oak Leaf Cluster. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 27 July 1971, the date of his separation from active duty.  The application submitted in this case is dated 22 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 28 July 1969.  He completed training as an armor scout observe in military occupational specialty (MOS) 11D and served in Vietnam from 23 January 1970 to 3 December 1971.  He was with A Troop, 2nd Squadron, 1st Cavalry Regiment from 23 January to 7 May 1970 and then with B Troop, 2nd Squadron, 11th Armored Cavalry Regiment. 

4.  He returned to the United States on 3 December 1970 and was stationed with B Company, 4th Battalion, 69th Armor until separation.  He was separated from active duty with an honorable characterization of service on 28 July 1971 and transferred to the Army Reserve in pay grade E4.    

5.  His DD Form 214 lists his authorized awards as the Purple Heart with 1st Oak Leaf Cluster, Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal, Expert Marksmanship Qualification Badge (M-16) and the Sharpshooter Marksmanship Qualification Badge (M-14). 

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows authorized awards as the Purple Heart with 1st Oak Leaf Cluster, Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Auto Rifle Bar and the Sharpshooter Marksmanship Qualification Bar with Rifle Bar. 

7.  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.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the awards program in the Army theater of operations during the Vietnam conflict.  This regulation did not provide specific guidance for award of the Combat Medical Badge.  However, USARV Regulation 672-1 did provide detailed guidance on award of the Combat Infantryman Badge which is awarded to infantry personnel based essentially the same criteria for award of the Combat Medical Badge to medical aid personnel assigned to infantry units.  The regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 

9.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  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 served during the following four campaign periods:   the Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971; the Consolidation I, 1 July 1970 – 30 November 1971.
DISCUSSION AND CONCLUSIONS:

1.  The applicant did not hold a qualifying MOS and was not eligible for award of the Combat Infantryman Badge.  Some Soldiers in armored cavalry units were awarded the Combat Infantryman Badge but these were normally individuals holding a qualifying MOS and assigned to infantry units such as a platoon, within a cavalry organization.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  The applicant served in Vietnam during four different campaign periods and this should be reflected on his DD Form 214 as the Vietnam Service Medal with four bronze service stars.  

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 27 July 1971, the date of his release from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 16 July 1974.  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

__KLW __  __LMD__  __EF ___  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 error 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 to show that he is authorized the Vietnam Service Medal with four bronze service stars.





___Kenneth L. Wright  ___
          CHAIRPERSON




INDEX

CASE ID
AR20060013809
SUFFIX

RECON
 
DATE BOARDED
20060410
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.