RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 May 2007
	DOCKET NUMBER:  AR20060014734 


	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. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Ms. Yolanda Maldonado

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Gerald J. Purcell

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 award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he is entitled to award of the Combat Infantryman Badge for being under fire and firing his weapon a number of times during the TET Offensive while serving in Vietnam.  The applicant also states, in effect, that he never paid attention to his discharge document until after he requested and received a copy in October 2006, when he then noticed that the Combat Infantryman Badge was not entered on his discharge document.

3.  The applicant provides no additional documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 14 September 1968, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 2 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 military service records show that he was inducted into the U.S. Army on 23 September 1966.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 55B (Ammunition Storage Specialist).

4.  The applicant's military service records show that he was assigned to the
54th Ordnance Company in Vietnam from 12 January 1968 to 14 September 1968.  He was honorably REFRAD on 14 September 1968 after completing
1 year, 11 months, and 22 days of active service.

5.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record), which is marked "Temporary Record".  Item 22 (Military  Occupational Specialties) shows that the applicant was awarded MOS 55B2O (Ammunition Storage Specialist) as his primary MOS on 20 February 1967.
Item 31 (Foreign Service) of this document shows he served in the Republic of Vietnam from 12 January 1968 through 14 September 1968.  Item 38 (Record of Assignments) shows, in pertinent part, he was assigned to the 54th Ordnance Company on 15 January 1967 in duty MOS 55B2O (Ammunition Storage Specialist).  Item 39 (Campaigns) of this document is absent any entries.

6.  The applicant's military service records contain a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued at the time of his separation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows that he was awarded the Army Commendation Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal, and Vietnam Service Medal.

7.  There are no orders in the applicant’s military service records which show that he was awarded the Combat Infantryman Badge.

8.  A review of the applicant's records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following 3 campaigns:  TET Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant's assignment to the 54th Ordnance Company, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and enlisted Soldiers 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 regarding enlisted Soldiers, the Military Awards Branch of the
U.S. Army Human Resources Command has advised that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, “[t]he Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted Soldiers who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, which includes the Vietnam Service Medal.

15.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message. For Vietnam service, one Overseas Service Bar is authorized for each period of
6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Combat Infantryman Badge for being under fire and firing his weapon a number of times during the TET Offensive while serving in Vietnam.  However, the applicant provides insufficient evidence in support of his claim.

2.  The evidence of record shows that the applicant was awarded MOS 55B as his primary MOS, served in Duty MOS 55B (Ammunition Storage Specialist), and was assigned to the 54th Ordnance Company while serving in Vietnam.  There is no evidence of record that shows the applicant was awarded an infantry MOS, that he served in an infantry MOS or was assigned to an infantry unit while serving in Vietnam.  In addition, there are no orders or any other evidence showing that he qualified for, or was awarded, the Combat Infantryman Badge.  Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.

3.  Records show the applicant served in 3 campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 3 bronze service stars to be affixed to his Vietnam Service Medal.

4.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

5.  Records show that the applicant served a total of 9 months in Vietnam.  Therefore, he is entitled to correction of his records to show award of 1 Overseas Service Bar.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 September 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
13 September 1971.  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

___YM___  ___LMD_  ___GJP _  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 award of the Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 1 Overseas Service Bar.




___Yolanda Maldonado____
          CHAIRPERSON




INDEX

CASE ID
AR20060014734
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/15
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19680914
DISCHARGE AUTHORITY
AR 635-200, Chapter 5, Section VII
DISCHARGE REASON
Overseas Returnee
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0111.0000
2.

3.

4.

5.

6.