RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060014080 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. William F. Crain

Member

Mr. Dale E. DeBruler

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, to be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he served for 30 days in combat (21 March to 29 February 1969) while in the Republic of Vietnam.  He states that he was never awarded the CIB and now he needs the CIB for claiming Post Traumatic Stress Disorder (PTSD) stressor.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
4 March 1970.  The application submitted in this case is dated 26 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 records show that he was inducted in the Army of the United States on 13 March 1968.  He successfully completed basic combat training and advanced individual training and was awarded the military occupational specialty 11D1O (Armor Intelligence Specialist).

4.  He was assigned to Troop B, 7th Armored Squadron, 1st Air Cavalry in the Republic of Vietnam during the period 31 March 1969 to 21 February 1970.

5.  On 4 March 1970, the applicant was honorably released from active duty.  He had served 1 year, 11 months, and 22 days of active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows the applicant was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Air Medal, Air Medal with "V" Device, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar; however, it does not show the award of the CIB.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entry Army Commendation Medal, Headquarters, 1st Aviation Brigade General Orders Number 392, dated 
20 January 1970.

8.  There are no orders in the applicant's records awarding him the CIB.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  A review of the applicant's records show that he is entitled to additional awards, which are not listed on his DD Form 214.

11.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the TET 69 Counteroffensive 1969 (23 February 1969 – 8 June 1969), Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969), and Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during the Vietnam War.  This document shows that the unit to which the applicant was assigned, 7th Armored Squadron, 1st Air Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 52, dated 1970.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests to be awarded the CIB.

2.  The applicant's records do not show he was attached or assigned as an Infantryman to an Infantry unit while engaged in active ground combat.  Therefore, he is not entitled to correction of his records to show the CIB.

3.  Orders show that the applicant was awarded the Army Commendation Medal. Therefore, he is entitled to correction of his records to show this award.

4.  Orders show that the 7th Armored Squadron, 1st Air Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was assigned to the unit.  Therefore, he is entitled to correction of his records to show this foreign unit award.

5.  Evidence of records show he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 March 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
3 March 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.

7.  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

____ded_  ___wdp__  ____wfc__  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 the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his Vietnam Service Medal.




_________William D. Powers________
          CHAIRPERSON




INDEX

CASE ID
AR20060014080
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070426
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.