RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060015639 


	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.



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, in effect, that all his decorations, medals and badges be reviewed and he be awarded the Combat Infantryman Badge.

2.  The applicant states, in effect, that he believes there was a clerical error on his awards and he served as an infantryman. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his DA Form 20 (Enlisted Qualification Record) in support of his request.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Applicant has named counsel even though counsel has remained silent.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 8 February 1972, the date of his release from active duty.  The application submitted in this case is dated 27 October 2006 but was received for processing on 3 November 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 was inducted into the Army of the United States on 6 August 1970.  The applicant successfully completed basic combat training at Fort Knox, Kentucky, and advanced individual training at Fort Polk, Louisiana.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.





4.  The applicant served in Vietnam from 8 January 1971 to 18 December 1971.
He was promoted to specialist four (SP4/E-4) effective 21 April 1971.  He continued to serve until he was honorably discharged on 8 February 1972.  He was transferred to the Unites Army Reserve (USAR) Control Group (Annual Training).  

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, with one bronze service star, the Republic of Vietnam Campaign Medal, and two Overseas Service Bars.  His DD Form 214 does not show any additional awards.

6.  The applicant’s DA Form 20 shows he served as a rifleman, in MOS 11B10, with Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division, in Vietnam.  He also served with the 512th Transportation Company, as a light weapons infantryman, 11B, and with Headquarters and Headquarters Detachment, 27th Transportation Company, as motor transport operator, in MOS 64C.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge. 

7.  Item 38 (Record of Assignments), of his DA Form 20 (Enlisted Qualification Record), shows the entry "EXC" (Excellent) for his conduct and efficiency.  

8.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge 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.  The Awards Branch of the Total Army Personnel Command [now the 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.

9.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.




10.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three bronze service stars to which he is entitled for his campaign participation.  The regulation also provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 

11.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Order (DAGO) Number 42, dated 1972, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served as a rifleman in MOS 11B10, with Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division, while serving in Vietnam.  There is no evidence, and the applicant has provided none, to show that he served in active ground combat or to show that he personally came under fire while serving in Vietnam.  Therefore, this evidence is insufficient to support an award of the Combat Infantryman Badge.  He is not entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 6 August 1970 to 8 February 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with one bronze service star.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to two additional bronze service stars to be affixed to his already-awarded Vietnam Service Medal, with one bronze service star.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show this unit award.




5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 February 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 7 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 

____D___  ___WDP   ___WFC_  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 by showing that he was awarded the first award of the Good Conduct Medal, for the period 6 August 1970 to 8 February 1972; three bronze service stars to be worn on the already awarded Vietnam Service Medal; and the Republic of Vietnam Gallantry Cross, with Palm Unit Citation.

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.  




_____William D. Powers____
          CHAIRPERSON




INDEX

CASE ID
AR20060015639
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070426
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19720208
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.