RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 July 2007
	DOCKET NUMBER:  AR20060015748 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Paul Wright

Analyst

The following members, a quorum, were present:


Mr. Eric N. Anderson

Chairperson

Mr. Scott W. Faught

Member

Ms. Ernestine I. Fields

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 the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that his DD Form 214, Item 24 (Awards/Medals, etc) does not list his CIB.  While he was in Vietnam, he was assigned to the 3/4 Cavalry, 25th Infantry Division and with the 1st Air Cavalry.  During his out processing at Oakland, California he was presented with the CIB.  He performed the duties while in Vietnam, he earned the CIB, and this will help with his claim for Post Traumatic Stress Disorder (PTSD).

3.  The applicant provides a copy of two Certificates for the award of The Bronze Star Medal dated 18 December 1970 and 31 October 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 18 June 1971.  The application submitted in this case is dated 1 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.  On 20 August 1969, the applicant was inducted into the Army of the United States for a period of 2 years.  He completed Basic Combat Training (BCT) and Advanced Individual Training (AIT) at Fort Knox, KY.  Upon graduation, he was awarded military occupational specialty (MOS) 11E, Armor Crewman.

4.  The applicant was assigned to Vietnam from 25 February 1970 to 5 January 1971.  He was assigned first to Troop B, 3rd Squadron, 4th Calvary, 25th Infantry Division and then to Company C, 2nd Battalion, 12th Cavalry, 1st Cavalry (Air Mobile).  During his Vietnam service, his MOS was reclassified from 11E to 11C (Indirect Fire Crewman); his primary MOS became 11C on 14 July 1970 and 11E became his secondary MOS.
5.  On 18 June 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Army Commendation Medal, the Bronze Star Medal with Oak Leaf Cluster, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Air Medal.  He was subsequently honorably discharged from the U.S. Army Reserve Control Group (Standby) on 1 August 1975.

6.  Army Regulation (AR) 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.

7.  The applicant's records do not contain any orders awarding him the Combat Infantryman Badge.

8.  AR 600-8-22, in pertinent part, authorizes 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.  The applicant served in Vietnam during three campaigns -- Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; Sanctuary Counteroffensive, which extended from 
1 May through 30 June 1970; and Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971.

9.  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 show the units to which the applicant was assigned were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 by Department of the Army General Orders 42, dated 1972 and the Valorous Unit Award for the period 1 May 1970 to 29 June 1970 by Department of the Army General Orders 43, dated 1972.  


10.  Special Orders Number 282, dated 9 October 1969, published by Headquarters, U.S. Army Training Center, Armor, Fort Knox, Kentucky shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  Special Orders Number 37, dated 6 February 1970, published by Headquarters, U.S. Army Training Center, Armor, Fort Knox, Kentucky shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

12.  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.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  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.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the CIB.  There are no orders authorizing the CIB in his records.  However, the applicant's award for his Bronze Star Medal with First Oak Leaf Cluster dated 18 December 1970 indicates he received this award for meritorious service in connection with ground operations against a hostile enemy force.  Additionally, the applicant was reclassified into MOS 11C which meets the criteria for award of the CIB.  Furthermore, he was awarded the Air Medal for meritorious achievement while participating in aerial flight, most likely for participating in combat assaults as an 11C; this would have been an impossibility had he remained an 11E (Armor Crewman) as personnel carriers and tanks do not readily fly.  Therefore in the interest of justice, it would be appropriate to award the applicant the CIB and to have this award added to his DD Form 214.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which is not correctly shown by award of three bronze service stars for wear on his Vietnam Service 

Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show these awards.

3.  General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to a correction of his records to show award of this foreign unit award.

4.  General Orders show the applicant is entitled to award of the Valorous Unit Award.  Therefore, he is entitled to a correction of his records to show this unit award.

5.  The applicant's DD Form 214 erroneously lists his Expert Marksmanship Qualification Badge as Rifle Bar.  Special Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with M-14 Rifle Bar.  Therefore, he is entitled to have this badge correctly reflected on his DD Form 214.

6.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar.  Therefore, he is entitled to have this badge correctly reflected on his DD Form 214.

7.  The applicant served 11 months in Vietnam and is entitled to have one Overseas Service Bar added to his DD Form 214.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 June 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 17 June 1974.  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:

__ena___  __eif___  __swf___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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:  

	a.  Issuing the applicant orders for the Combat Infantryman Badge;

	b.  Deleting the Vietnam Service Medal with 2 bronze service stars and the entry "Expert (Rifle);" and

	c.  Adding the Vietnam Service Medal with 3 bronze service stars, Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and one Overseas Service Bar.



						Eric N. Anderson
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060015748
SUFFIX

RECON

DATE BOARDED
20070703
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.
107.0094
3.
107.0033
4.
107.0109
5.
107.0108
6.