RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 July 2007
	DOCKET NUMBER:  AR20060015749 


	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 that the Combat Infantryman Badge be added to his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) in the awards section.

2.  The applicant states he served in the 3/187th Infantry, 101st Airborne Division while serving as an 11B2O (infantryman) in Vietnam in 1969-70.  He later reenlisted as a 76W2O, petroleum specialist.  Additionally, he indicates in a recent letter that he did have orders for the Combat Infantryman Badge, but has been unable to locate them.

3.  The applicant provides a copy of a DD Form 214 for the period ending 21 February 1970 and a second DD Form 214 for the period ending 6 June 1973. He submitted an additional letter dated 8 May 2007. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 6 June 1973.  The application submitted in this case is dated 27 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.  On 13 March 1969, the applicant enlisted in the Regular Army for a period of 3 years.  He completed all training and was subsequently awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman.

4.  He was assigned to Vietnam from 23 August 1969 to 22 September 1970.  He was assigned to Company D, 3rd Battalion (Airmobile), 187th Infantry and he served in MOS 11B.

5.  On 21 February 1970, the applicant was honorably discharged for the purpose of reenlistment.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Air Medal.
6.  On 22 February 1970, the applicant reenlisted for a period of 3 additional years in the Regular Army.  Then on 27 February 1970, the applicant was reassigned duty as a Light Vehicle Driver, MOS 64A1O, with Company A, 426th Support and Service Battalion, 101st Airborne Division.  He apparently remained in this unit until he returned to the Continental United States (CONUS).

7.  On 2 November 1970, the applicant was assigned to Company C, Headquarters Command, Fort Leonard Wood, Missouri.  At this time, his MOS was changed to 76W2O, Petroleum Storage Specialist, but it appears he was actually assigned duty as 76Y2O, Supply Specialist.  Then his duty changed to 57G4O, Assistant Platoon Sergeant on 2 April 1971.

8.  On 22 January 1972, the applicant was assigned duty in his Primary MOS of 76W2O, Petroleum Storage Specialist, with Headquarters Company, U.S. Army Garrison, Fort Leavenworth, Kansas.

9.  On 6 June 1973, the applicant was honorably released from active duty and assigned to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Air Medal, the Vietnam Campaign Medal with 1960 Device, the Bronze Star Medal, two Overseas Service Bars, the Expert Marksmanship Qualification Badge with M-14 Rifle Bar.  Also shown are the names of four Vietnam Campaigns.  On 1 March 1975, the applicant was honorably discharged from the U.S. Army Control Group (Standby).

10.  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.

11.  The applicant’s available military records contain no orders awarding him the Combat Infantryman Badge.

12.  General Orders Number 1541, dated 9 February 1970, published by Headquarters, 101st Airborne Division (Airmobile) awarded the applicant the Army Commendation Medal for meritorious achievement for the period of service 1 September 1969 to 31 January 1970.
13.  Special Orders Number 199, dated 18 July 1969, published by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.

14.  AR 600-8-22 (Military Awards), 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 four campaigns -- Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; 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.

15.  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 8 February 1962 to 28 March 1973 by Department of the Army General Orders 8, dated 1974.  Additionally, his units were awarded the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 3 October 1968 to 2 May 1970 by Department of the Army General Orders 48, dated 1971 and the Meritorious Unit Commendation for the period 1 June 1969 to 31 August 1970 by Department of the Army General Orders 24, dated 1972.  

16.  Army Regulation 635-5 (Separation Documents), in pertinent part states the last DD Form 214 issued to an individual will list awards and decorations for all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the Combat Infantryman Badge be added to all of his DD Forms 214.  The Army's current practice is to add all of an individual's awards on the last DD Form 214 issued.  Therefore, only the applicant's DD Form 214 for the period ending 6 June 1973 will be corrected.


2.  The applicant's records contain no orders for, or mention of his receipt of the Combat Infantryman Badge.  However, he was an infantryman assigned to an infantry unit and he received a Bronze Star Medal for meritorious service in connection with ground operations against a hostile force.  For these reasons, it appears he participated in combat as an infantryman and met the criteria for award of the Combat Infantryman Badge.  Therefore, it would be appropriate to issue this award to him and have it added to his DD Form 214.

3.  General Orders show the applicant was awarded the Army Commendation Medal.  Therefore, he is entitled to have this award added to his DD Form 214.

4.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, he is entitled to have this badge added to his DD Form 214.

5.  The applicant's DD Form 214 erroneously lists in Item 24 four named campaigns in which he served.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  Evidence of record shows the applicant is entitled to award of four 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 four bronze service stars and correction of his DD Form 214 to show these service stars.

6.  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.

7.  General Orders show the applicant is entitled to award of the Republic of Vietnam Civil Actions Medal, First Class Unit Citation.  Therefore, he is entitled to correction of his records to show this award.

8.  General Orders show the applicant is entitled to award of the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show this award.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 June 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 June 1976.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, 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 and 4 named campaigns listed on his DD Form 214 ending on 6 June 1973; and

	c.  Adding the Vietnam Service Medal with 4 bronze service stars, the Combat Infantryman Badge, the Army Commendation Medal, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Medal, First Class Unit Citation, and the Meritorious Unit Commendation. 




						Eric N. Anderson
______________________
          CHAIRPERSON



INDEX

CASE ID
AR20060015749
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.
107.0020
3.
107.0094
4.
107.0095
5.
107.0034
6.
107.0109