RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060014931 


	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 that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states that he was trained as an infantryman and served in Vietnam in an infantry unit during four campaigns and desires to be awarded the CIB. 

3.  The applicant provides a copy of his report of separation (DD Form 214) and a copy of his order awarding him the Bronze Star Medal (BSM).  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 25 February 1972.  The application submitted in this case is dated 13 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 enlisted in the Regular Army in Omaha, Nebraska on 19 August 1969 for a period of 3 years under the airborne training option.  He completed his basic combat training at Fort Lewis, Washington, his advanced individual training at Fort Gordon, Georgia, and his airborne training at Fort Benning, Georgia, before being transferred to Vietnam on 18 March 1970.   

4.  He was initially assigned to Company N, 75th Infantry Regiment (Rangers), 173rd Airborne Brigade as a scout observer and was subsequently reassigned to the 173rd Engineer Company for duty as a combat construction specialist.  He was advanced to the pay grade of E-4 on 12 May 1970.   

5.  He remained assigned to the 173rd Engineer Company and was transferred with his unit to Fort Campbell, Kentucky on 16 July 1971.  He terminated his jump (airborne) status on 13 December 1971.  

6.  On 25 February 1972, he was honorably released from active duty (REFRAD) and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He was awarded the National Defense Service Medal, the Parachutist Badge, the Drivers Badge, the Good Conduct Medal, the Bronze Star Medal, the Vietnam Service Medal with four bronze service stars, the Army Commendation Medal with one oak leaf cluster, two overseas service bars, the Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.   

7.  A review of the available records fails to show any indication that he was awarded the CIB or that he engaged the enemy in combat while serving as an infantryman in an infantry unit.

8.  The applicant continued to serve in USAR and National Guard units through a series of continuous reenlistments.  He was honorably discharged from the Nebraska Army National Guard on 29 January 1993 and was transferred to the USAR Control Group (Retired) in the pay grade of E-6.  He received his 20-year letter on 3 February 1993.  

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

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 the unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  While the Board does not doubt the veracity of the applicant’s claim that he was an infantryman serving in an infantry unit in Vietnam, the majority of his time was spent in an engineer company and the available records do not provide any evidence to show that he engaged the enemy in combat while assigned to an infantry unit.  Therefore, lacking such evidence, it must be presumed that what the Army did in his case at the time was correct and that he is not entitled to award of the CIB at this time.   

2.  However, the available evidence does show that subsequent to his active duty service in Vietnam, his unit was awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation for the period he served with the unit.  

3.  Accordingly, it would be in the interest of justice to show his entitlement to those awards at this time.   

4.  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.  

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 February 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 24 February 1975.  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.

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.  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 his awards of the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.




____x_______
          CHAIRPERSON




INDEX

CASE ID
AR20060014931
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070410
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(DENY w/note)
REVIEW AUTHORITY

ISSUES         1.107.0111
157/cib
2.107.0094
140/rvngc
3.107.0095
141/rvncahm
4.

5.

6.