RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 May 2007
	DOCKET NUMBER:  AR20060014536 


	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, award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that while serving in the Republic of Vietnam (RVN) he was assigned to B Troop, 3rd Battalion, 17th Air Cavalry Regiment; however, he was never awarded the CIB.  

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 23 December 1974.  The application submitted in this case is dated 6 October 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 record shows he initially enlisted in the Regular Army and entered active duty on 30 November 1966.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in 
Item 38 (Record of Assignments), that he served in the RVN from 1 May 1971 through 23 February 1972, and that during this tour, he was assigned to Troop B, 3rd Squadron, 17th Air Cavalry Regiment, performing duties in MOS 11B as a team leader and MOS 11D as a scout observer.  Item 41 (Awards and Decorations) does not include the CIB.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that show he was ever recommended for, or awarded the CIB by proper authority while serving on active duty.  

6.  On 23 December 1974, the applicant was separated after completing 3 years, 7 months, and 14 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards during his active duty tenure:  National Defense Service Medal; Armed Forces Expeditionary Medal (Korea); Republic of Vietnam Campaign Medal with 1960 Device; Bronze Star Medal; Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and Vietnam Service Medal with 3 bronze service stars.  The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his separation.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Chapter 8 of the awards regulation 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.  In similar cases, the Military Awards Branch, Human Resources Command (HRC), has advised 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.  MOS 11D is not an MOS authorized to receive the CIB.  

8.  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 (Troop B, 3rd Squadron, 17th Air Cavalry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB was carefully considered.  However, in order to support award of the CIB, there must be evidence not only that the member held an infantry MOS and served in a qualifying infantry unit, but also that he was present with the unit at a time when it engaged in active ground combat, and that he actively participated in such ground combat.  


2.  The evidence of record in this case confirms that the applicant was trained in MOS 11B as a rifleman; however, during the majority of his tour in the RVN, he was serving in MOS 11D as a scout observer and service in this MOS does not support award of the CIB.  Further, there is no evidence of his personal participation in ground combat with his qualifying infantry unit while he was serving in MOS 11B as a team leader.  

3.  In addition, the CIB is also not included in the list of awards contained in Item 41 of the applicant's DA Form 20 and there are no orders on file in his MPRJ showing that he was ever awarded the CIB by proper authority while serving on active duty.  Finally, the CIB is not included in the list of authorized awards contained on his DD Form 214, which he authenticated with his signature on the date of his separation.  In effect, his signature serves as his verification that the information contained on the separation document, to include the list of awards, was correct at the time it was prepared and issued.

4.  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. 

5.  Records show the applicant should have discovered the alleged error or injustice related to the CIB now under consideration on 23 December 1973, the date of his separation from active duty.  Therefore, the time for him to file a request for correction of any error or injustice expired on 22 December 1976.  He failed to 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.

6.  The evidence does show that based on his service and campaign participation in the RVN, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation.  The omission of these awards from his record and separation document is an administrative matter that does not require Board action.  Therefore, the Case Management Support Division (CMSD), St. Louis, 
Missouri will make the corrections outlined in paragraph 3 of the 
BOARD DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x__  __x     __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 related to award of the Combat Infantryman Badge.  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 there is an administrative error in the records of the individual should be corrected by the CMSD-St. Louis.  The records of the individual concerned should be corrected to his entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a correction to his separation document that includes these awards.  



x________
          CHAIRPERSON




INDEX

CASE ID
AR20060014536
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/22
TYPE OF DISCHARGE
GD
DATE OF DISCHARGE
1974/12/24
DISCHARGE AUTHORITY
AR635-200 . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107
2.

3.

4.

5.

6.