RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20060016640 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Ronald D. Gant

Member

Mr. Rowland C. Heflin

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 he be awarded the Combat Infantryman Badge.

2.  The applicant states, in effect, that he should be awarded the Combat Infantryman Badge because he was in Vietnam.  

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 1 April 1970, the date of his release from active duty.  The application submitted in this case is dated 10 May 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 military records were lost or destroyed in the National Personnel Records Center fire of 1973.  His DD Form 214 shows that he entered active duty on 21 March 1966.  He was trained in military occupational specialty (MOS), 36K, as a Field Wireman.  

4.  The applicant's DD Form 214 shows he served in Vietnam from 2 April 1967 to 1 April 1968 and from 15 September 1969 to 13 February 1970.  While in Vietnam, the applicant served in five campaigns.  He was promoted to sergeant (SGT/ E-5) effective 9 November 1967.  He served until he was honorably released from active duty on 1 April 1970.  He was transferred to the Army Reserve Control Group (Reinforcement).




5.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Expert Marksmanship Qualification Badge, with Rifle Bar, the Vietnam Service Medal, with two bronze service stars, the Republic of Vietnam Campaign Medal, the Good Conduct Medal, and the Purple Heart.  His DD Form 214 does not show any additional awards.

6.  The applicant's name does appear on the Vietnam Casualty List for a wound received as a result of hostile action on 22 October 1969.  Orders are unavailable for review.  

7.  The applicant's DD Form 214 shows that his last unit of assignment was with Company A, 168th Engineer Battalion in Vietnam.  There are no orders in the available records awarding him the Combat Infantryman Badge.

8.  A staff member of the Awards Branch, Army Human Resources Command, Alexandria, Virginia, verified that no orders could be located awarding the applicant the Combat Infantryman Badge during his period of service in the Republic of Vietnam.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB 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 (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three additional 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.  A silver service star is authorized in lieu of five bronze service stars.

11.  DA Pamphlet 672-3 shows that the applicant who was assigned to a unit subordinate to the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the CIB, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence of record shows the applicant was trained as a field wireman, in MOS, 36K40, and his last duty of assignment was with Company A, 168th Engineer Battalion, in Vietnam.  There is no evidence, and the applicant has provided none, to show that he was assigned or attached to an infantry unit while engaged in active ground combat, or that he personally came under fire while serving in Vietnam.  There is no evidence, and the applicant has provided no independent evidence, that shows he was ever awarded the Combat Infantryman Badge or was reclassified to or was awarded an infantry MOS.

3.  The applicant's DD Form 214 shows that he was awarded the Purple Heart for a wound received in action on 22 October 1969.  However, his orders awarding him the Purple Heart are not available for review to show what MOS he was serving in at the time he received the wound. 

4.  Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

5.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with two bronze service stars.  While in Vietnam, he participated in five campaigns and he is therefore, entitled to one silver service star, as opposed to the two bronze service stars, now shown, to be affixed to his already-awarded Vietnam Service Medal.

6.  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.

7.  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.


8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 April 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 31 March 1973.  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 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___RCH_  __MKP__  __RDG__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

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 by showing award of the Vietnam Service Medal, with one silver service star, and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and providing him a correction to his separation document that includes these awards.


_____M. K. Patterson_____
          CHAIRPERSON




INDEX

CASE ID
AR20060016640
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070614
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.