RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060014527 


	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.


x

	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, that Item 23a (Specialty Number & Title) 11B (Infantryman) of his 11 June 1970 Separation Document (DD Form 214) should be corrected to show he held Military Occupational Specialty (MOS) 11B (Infantryman) and the Combat Infantryman Badge (CIB) should be added to the list of awards contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  

2.  The applicant states, in effect, that Item 23 of his DD Form 214 should read 11B-Infantryman instead of 71H-Personnel Specialist, as is currently listed.  He also states that the list of authorized awards contained in Item 24 does not include the CIB, which it should based on his service as an infantryman in the Republic of Vietnam (RVN).  

3.  The applicant provides his DD Form 214 and a DD Form 214 Correction (DD Form 215) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice that occurred on 11 June 1970.  The application submitted in this case is dated 
25 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 limitation 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 record shows he was inducted into the Army of the United States and entered active duty on 12 September 1968.  His Enlisted Qualification Record (DA Form 20) shows, in Item 22 (Military Occupational Specialties), that he was initially awarded MOS 11B (Light Weapons Infantryman) on 31 January 1969 and was later awarded MOS 71B (Clerk-Typist) on 2 March 1970 and MOS 71H (Personnel Specialist) on 5 March 1970.  

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he served in the RVN from 13 May 1969 through 14 August 1969.  During his RVN tour, he was assigned to Company C, 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade, performing duties in MOS 11B as a rifleman.  Item 38 also shows that he received "Excellent" conduct and efficiency ratings at each of his active duty assignments.  

6.  The applicant's Military Personnel Record Jacket (MPRJ) contains a  
Western Union Telegram, dated 16 July 1969.  This telegram notified the applicant's family that he was wounded as a result of enemy action in the RVN on 11 July 1969, when he received a fragment from a grenade while on a combat operation.  Subsequently, the applicant was awarded the Purple Heart (PH).

7.  The applicant's MPRJ contains Headquarters, 24th Infantry Division Special Orders Number 86, dated 27 March 1970.  These orders withdrew the applicant's primary MOS of 11B and awarded him the primary MOS 71B (Clerk-Typist), effective 24 March 1970.  It also contains Headquarters, 24th Infantry Division, Special Orders Number 99, dated 9 April 1970.  These orders withdrew his primary MOS of 71B and awarded him the primary MOS 71H (Personnel Specialist), effective 25 March 1970.

8.  On 11 June 1970, the applicant was honorably separated after completing 
1 year and 9 months of active military service.  The DD Form 214 he was issued at the time confirms he held MOS 71H on the date of his separation.  It also shows that he earned the following awards during his tenure on active duty:  National Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal with 1960 Device; and Expert Qualification Badge with Rifle (M-16) Bar.

9.  On 4 May 1971, a DD Form 215 was published correcting the applicant's DD Form 214 by adding the PH to Item 24. 

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time contained the guidance on Item 23 entries in paragraph 52.  It stated, in effect, that the MOS code number and title held on the date of separation, as contained on the DA Form 20 would be entered.


11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the RVN.  

12.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This normal qualifying period is 3 years; however, for the first award only, upon termination of service on or after 27 June 1950, a period of more than one but less than 3 years is a qualifying period.   Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

13.  Chapter 8 of the award regulations contains guidance on award of combat badges.  It states, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry 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 Human Resources Command (HRC) 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.  

14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (Company C, 3rd Battalion, 1st Infantry) earned the RVN Gallantry Cross with Palm Unit Citation, and campaign credit was granted for the TET 69 Counteroffensive and Vietnam Summer-Fall 1969 campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully considered and found to have merit.  The evidence of record shows that during his RVN tour, the applicant served in an infantry MOS, in a qualifying infantry unit.  Further, the applicant's record confirms he was awarded the PH for being wounded in action with enemy forces during a combat operation in the RVN on 11 July 1969, which confirms his personal participation in active ground combat.  Therefore, the regulatory burden of proof necessary to support award of the CIB has been satisfied in this case, and it would be appropriate to award him the CIB at this time.
2.  The applicant's record confirms that he received "Excellent" conduct and 
efficiency ratings at all of his active duty assignments.  Further, the record is void 
of any derogatory information or a specific disqualification by any of the active 
duty unit commanders for whom he served.  As a result, it would be appropriate 
to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service 12 September 1968 through 11 June 1970.

3.  The evidence of record also shows that based on his RVN service and campaign participation, the applicant is also entitled to the RVN Gallantry Cross with Palm Unit Citation and 2 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time

4.  The applicant's contention that Item 24 of his DD Form 214 should show he held MOS 11B and not 71H was also carefully considered.  However, at the time of the applicant's separation, the regulatory guidance provided only for entering the MOS held at the time of separation in Item 24.  The applicant's record clearly shows he was awarded MOS 71H (Personnel Specialist) on 25 March 1970, and that he held this MOS on the date of his separation. Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

5.  Further, the applicant is advised that his record clearly documents his combat service in MOS 11B in the RVN in his DA Form 20, and in other documents on file in his MPRJ.  In addition, his combat service as an infantryman will also be reflected by the CIB he is now being awarded given this badge is only authorized for individuals who hold and serve in an infantry MOS in combat.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x  __x   __  _x__  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 awarding him the Combat Infantryman Badge and the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 12 September 1968 through 24 March 1970; by showing his entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 2 bronze service stars with his Vietnam Service Medal; and by providing him a correction to his separation document that includes these changes.  

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 correction of Item 24 of his DD Form 214.  




____x___
          CHAIRPERSON




INDEX

CASE ID
AR20060014527
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/25
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1970/06/11
DISCHARGE AUTHORITY
AR635-200 . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT-Partial
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107
2.
100
3
110
4.

5.

6.