RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 May 2007
	DOCKET NUMBER:  AR20060014721 


	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. G. E. Vandenberg

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Ronald J. Weaver

Member

Mr. David W. Tucker

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 by awarding him the Combat Infantryman Badge and showing his award of the Air Medal.

2.  The applicant states these awards were omitted from his DD Form 214 (Report of Transfer or Discharge).  The notation of his award of the Air Medal was omitted from his DD Form 214.  Fellow Soldiers with the same military occupational specialty (MOS) were awarded the Combat Infantryman Badge but he was not.  

3.  The applicant provides a copy of a fellow Soldier's DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice, which occurred on 5 April 1968, the date of his separation.  The application submitted in this case is dated 29 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 records show the applicant entered active duty on 26 February 1965, completed training and was awarded the MOS 11D (Armor Intelligence Specialist).

4.  On 17 March 1965 the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for failure to obey a lawful order from a noncommissioned officer (NCO). 

5.  He served in Vietnam as an Armor Intelligence Specialist from 19 January 1966 through 24 January 1967 with the 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division.  Only the HHQ Squadron is listed on his DA Form 20 (Enlisted Qualification Record).

6.  Headquarters, 1st Cavalry Division General Orders Number 75, dated 6 January 1967, awarded the applicant the Air Medal for the period July to December 1966.

7.  A 17 August 1967 special court-martial found the applicant guilty of being AWOL (absent without leave) on two occasions, for a total of 36 days.

8.  On 30 August 1967 the applicant received NJP for absenting himself from his place of duty.

9.  An 8 March 1968 special court-martial found the applicant guilty of wrongful appropriation of a military vehicle.

10.  The applicant's DD Form 214 lists his awards as the Army Commendation Medal, the Armed Forces Expeditionary Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge.

11.  The copy of the second Soldier's DD Form 214 shows he also served in Vietnam, had an MOS of 11D, and was awarded the Combat Infantryman Badge. No other information was provided to show this Soldier's unit or any specific information related to his service in Vietnam.  

12.  Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973. 

13.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantry Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantry Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or Special Forces primary duty, in a unit actively engaged in ground combat with the enemy.  The Awards Branch, Human Resources 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.

14.  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.  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.  Additionally, the company and battalion designations used for subordinate units of the 7th Cavalry and the other "cavalry" regiments indicates that they and their parent 1st Cavalry Division (Airmobile) were, in fact, infantry organizations.

15.  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 two campaign periods: the Vietnam Counteroffensive, 25 December 1965 - 30 June 1966; and the Counteroffensive Phase II, 1 July 1966 – 31 May 1967.

DISCUSSION AND CONCLUSIONS:

1.  The available documentation fails to show that the applicant served as an infantryman in an infantry unit during such time as that unit was engaged in active ground combat.  Therefore, it is not appropriate to award him the Combat Infantryman Badge.

2.  The applicant's DD Form 214 omits the applicant's award of the Air Medal.  It is appropriate to correct the records to reflect this award.

3.  The applicant served during two campaign periods and is entitled to wear two bronze service stars on his Vietnam Service Medal.

4.  In addition to the awards listed on the DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 April 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 4 April 1968.  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 

__RJW __  __DWT_  __JCR___  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 to show that, in addition to the awards listed on the DD Form 214, the applicant is also authorized the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear two bronze service stars on his 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.




_   _Jeffrey C. Redmann______
          CHAIRPERSON


INDEX

CASE ID
AR20060014721
SUFFIX

RECON
 
DATE BOARDED
 20070524
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.