RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060015009 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. William F. Crain

Member

Mr. Dale E. DeBruler

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 correction of his records to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that after his tour in Vietnam he wanted to forget that part of his life and did not think about his CIB.  He further states that not until recently did his counselor remind him that he was deserving of the CIB for his service in Vietnam.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) with the ending period 19 February 1971 and a photograph purportedly of the applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 19 February 1971.  The application submitted in this case is dated 11 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 was inducted into the U.S. Army on 27 November 1968 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  

4.  The applicant arrived in Vietnam and was assigned to C Company, 1st Battalion, 12th Infantry on or about 19 May 1969 where he performed duties as a rifleman.  

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received an "Unsatisfactory" conduct and 
efficiency rating for the period 25 September 1969 through 26 October 1969.  Item 41 (Awards and Decorations) does not show award of the CIB.

6.  The applicant's records show that he was absent without leave (AWOL) for the period 27 November 1969 through 14 January 1969.  He was dropped from rolls (DFR) on 26 October 1969.  

7.  On or about 12 November 1969, the applicant was assigned to the 257th Replacement Company, Okinawa, Japan.  

8.  On or about 15 November 1970, the applicant returned to Vietnam and was assigned to D Company, 1st Battalion (Airmobile), 502nd Infantry where he performed duties as a rifleman.  
 
9.  The applicant departed Vietnam on or about 17 February 1971 after being credited with participating in three campaigns.  On 19 February 1971, he was honorably released from active duty after completing 1 year, 11 months, and
25 days of creditable active service with 90 days time lost due to AWOL.  

10.  The applicant's DD Form 214 with the period ending 19 February 
1971 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

11.  There are no orders in the applicant's service personnel records awarding him the CIB.

12.  The applicant submitted a photograph purportedly of himself in fatigue uniform wearing a CIB above his name tag.

13.  Army Regulation 600-8-22 (Military Award) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the Combat Infantryman 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.

14.  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 1st Battalion, 12 Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 
27 July 1969 based on Headquarters, Department of the Army General Orders Number 3, dated 1970.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 12 Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 based on Headquarters, Department of the Army General Orders Number 53, dated 1970. 

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

17.  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 this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded an infantry MOS and that he served in an infantryman position.  However, evidence shows that he received a disqualifying rating (i.e., he did not satisfactorily perform infantry duties) while assigned to the 1st Battalion, 12th Infantry during the period 
25 September 1969 through 26 October 1969.  This made him ineligible for the CIB at that time.

2.  The applicant was reassigned to Vietnam and held a rifleman duty position with D Company, 1st Battalion (Airmobile), 502nd Infantry that could have made him eligible for award of the CIB.  However, he held it for such a short period of time (15 November 1970 through 18 February 1971) that there is insufficient evidence to show he met all the criteria required for award of the CIB.

3.  The applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the 
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Evidence of records shows he is eligible for award of the Republic of Vietnam Campaign Medal with Device (1960).  His participation in three campaigns makes him eligible to wear three bronze service stars on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be amended to add these awards.
4.  Evidence shows that the applicant’s records contain administrative errors which do 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 19 February 1971.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
18 February 1974.  However, 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

__WDP__  __WFC      __DED__  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 errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the DD Form 214 for the period ending 

19 February 1971 of the individual concerned to add the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Campaign Medal with device 1960, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.




____William D. Powers__
          CHAIRPERSON




INDEX

CASE ID
AR20060015009
SUFFIX

RECON

DATE BOARDED
26 APRIL 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MR. SCHWARTZ
ISSUES         1.
107.0111.0000
2.

3.

4.

5.

6.