RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2007
	DOCKET NUMBER:  AR20060014395 


	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. Victoria A. Donaldson

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 that his records be corrected to show award of the Air Medal and the Combat Infantryman Badge.

2.  The applicant states, in effect, that the above awards were left off of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.  The applicant provides a copy of an award certificate for the Air Medal; the Air Medal Citation; Headquarters, 173d Airborne Brigade, General Orders Number 2962; and a National Personnel Records Center memorandum in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 9 February 1970, the date of his transfer to the United States Army Reserve.  The application submitted in this case is dated 15 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.  Records show that the applicant was inducted in the Army of the United States on 11 June 1968.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

4.  Records show that he was assigned 2nd Battalion (Airborne) 503rd Infantry of the 173rd Airborne Brigade.  Records further show that the applicant served in the Republic of Vietnam during the period 9 February 1969 through 8 February 1970.

6.  The applicant's DD Form 214 does not show award of the Combat Infantryman Badge or the Air Medal.

7.  Headquarters, 173d Airborne Brigade, General Orders Number 2962, dated 27 December 1969, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 8 February 1969 to 10 December 1969.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 the Combat Infantryman Badge is awarded to infantry officers and to enlisted and 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.

9.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  Item 24 (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.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Tet Counteroffensive, Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970 during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant's was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 8 February 1969 to 10 December 1969.  Therefore, he is entitled to correction of his records to show this award.

2.  The applicant's contention that he is entitled to award of the Combat Infantryman Badge was carefully considered and determined to be without merit. Records show that although the applicant was awarded a qualifying MOS, he performed those duties in an airborne capacity as indicated in his award of the Air Medal.  Pertinent regulations state that in order to qualify for the Combat Infantryman Badge, the individual must be directly involved in ground combat.  As a result the applicant does not meet the criteria for award of the Combat Infantryman Badge.  In the absence of evidence to the contrary, there is no basis to grant the relief requested.

3.  General Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award. 

4.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 February 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 8 February 1973.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_TMR___  _RMN_ __  _JTM___  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 showing award of the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to 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.




_John T. Meixell___
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
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.