RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060016173 


	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

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Eric Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney Barber

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 DD Form 214 (Report of Transfer or Discharge) to show his dates of service in Vietnam.  He also requests, in effect, award of the Combat Infantryman Badge.

2.  The applicant states that his DD Form 214 shows foreign and/or sea service but does not show his service in Vietnam.  

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
22 December 1968.  The application submitted in this case is dated 6 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 enlisted on 22 January 1967 for a period of 2 years.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman). His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 30 December 1967.  He served in MOS 11B assigned to the 194th Military Police Company in Vietnam from 2 January 1968 through 21 December 1968 (a total of 11 months and 23 days).  On 22 December 1968, the applicant was released from active duty.  

4.  The applicant’s DD Form 214 shows the National Defense Service Medal and the Good Conduct Medal as authorized awards.  Item 22c (Foreign and/or Sea Service on his DD Form 214 shows he served 11 months and 23 days of foreign service. 

5.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.  

6.  Records show the applicant participated in five campaigns during his assignment in Vietnam.

7.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

8.  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 applicant's unit is entitled to award of the Meritorious Unit Commendation for actions during the period 1 August 1967 to 
31 October 1969 based on Department of the Army General Orders Number 48, dated 1971.

9.  Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214.  The regulation in effect at the time required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

10.  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 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 has advised, in similar cases during the Vietnam era that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

12.  Army Regulation 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.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device 1960.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The entries on the applicant’s DA Form 20 which show he arrived in Vietnam on 30 December 1967 and departed Vietnam on 22 December 1968 and the entry in item 22c on his DD Form 214 which shows he served 11 months and 
23 days of foreign service are accepted as sufficient evidence on which to amend item 30 on his DD Form 214.  Therefore, item 30 on his DD Form 214 should be corrected to show his inclusive dates of service in Vietnam were 30 December 1967 through 21 December 1968.

2.  Evidence of record shows the applicant held and served in MOS 11B assigned to a military police company during his assignment in Vietnam.  There is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  Based on the applicant’s service in Vietnam and participation in five campaigns, he is entitled to the Vietnam Service Medal with one silver service star and the Republic of Vietnam Campaign Medal with Device 1960. 

4.  The applicant’s unit was cited for the Meritorious Unit Commendation while he was assigned to it.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

6.  Records show the applicant should have discovered the alleged errors now under consideration on 22 December 1968; therefore, the time for the applicant to file a request for correction of any error expired on 21 December 1971.  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:

________  ________  ________  GRANT FULL RELIEF 

EA_____  _AU_____  __RB___  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:

	a.  adding the entry, “Vietnam service:  30 December 1967 through 
21 December 1968 in item 30 of his DD Form 214; and 

	b.  amending his DD Form 214 to add the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with Device 1960, the Meritorious Unit Commendation, 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.  



___Eric Andersen______
          CHAIRPERSON




INDEX

CASE ID
AR20060016173
SUFFIX

RECON

DATE BOARDED
20070517
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.
107.0111
3.
107.0000
4.

5.

6.