RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060016371 


	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. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney E. 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 that his records be corrected to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he earned and was awarded the Combat Infantryman Badge based on his duties and actions in the Republic of Vietnam.  

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 6 June 1969, the date of his release from active duty and transfer to the United States Army Reserve (USAR).  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.  Records show that the applicant was inducted in the Army of the United States on 7 June 1967.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

4.  Records show that he was assigned to Company E, 2nd Battalion, 12th Infantry of the 25th Infantry Division.  Records further show that the applicant served in the Republic of Vietnam during the period 15 November 1967 through 10 November 1968.

5.  The applicant was honorably released from active duty on 6 June 1967 and transferred to the USAR Control Group (Annual Training). 


6.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Infantryman Badge.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

8.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit awards received by units serving in Vietnam.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

10.  Department of the Army Pamphlet 672-3 also shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 1 August 1967 through 21 January 1970, based on Department of the Army General Orders Number 51, dated 1971.

11.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, and the Vietnam Counteroffensive Phase VI during his tour of duty in Vietnam.  This same regulation states that a silver service star will be awarded in lieu of five bronze service stars for wear on the Vietnam Service Medal for participation in five campaigns.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge.  However, pertinent regulations state that in order to qualify for the Combat Infantryman Badge, the individual must be directly involved in ground combat.  There is no evidence and the applicant did not provide sufficient evidence showing that he was directly involved in ground combat while assigned to a qualifying unit.  As a result, the applicant does not meet the criteria for award of the Combat Infantryman Badge.  

2.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure with the unit.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure with the unit.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

4.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to have his record corrected to show one silver service star to be affixed to his already-awarded the Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 June 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 June 1972.   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.

6.  Evidence shows that the applicant’s records contain administrative error which does 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.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_ENA___  _AU____  __REB____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  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 to show award of the Combat Infantryman Badge.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star to be affixed to his already-awarded Vietnam Service Medal.




_ Eric N. Andersen_
          CHAIRPERSON








INDEX

CASE ID
AR20060016371
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1969/06/06
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
ETS, ch2
BOARD DECISION
prt GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.