RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 May 2007
	DOCKET NUMBER:  AR20060017206 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry

Chairperson

Mr. Thomas E. O’Shaughnessy 

Member

Mr. James R. Hastie

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 was assigned as a Province Phoenix Coordinator in Quang Duc Province, II CTZ (Corps Tactical Zone), and participated in ground combat operations which involved targeting and apprehending Viet Cong Infrastructure (VCI) leadership.  He was subsequently assigned as a Phoenix legal liaison to Vietnamese Phong Hoang operations. 

3.  The applicant provides a copy of Department of the Army Orders Number 215, dated 1 November 1968, and a copy of Headquarters (Hqs), United States Military Assistance Command, Vietnam (USMACV), Special Orders 10, dated 10 January 1969, in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 3 January 1970, the date of his release from active duty.  The application submitted in this case is dated 1 November 2006 but was received for processing on 15 December 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 records show that he was appointed in the United States Army Reserve (USAR), as a second lieutenant (2LT/O-1), effective 2 June 1964, in the Army Intelligence and Security Corps.  He was promoted to first lieutenant (1LT/O-2), as a USAR officer on 1 June 1967.  He was ordered to active duty on 13 January 1968, as a Military Intelligence Officer.  He served on active duty in the Military Intelligence (MI) Corps, in military occupational specialty (MOS), 9300.



4.  The applicant's records contain a copy of his DA Form 1059 (Academic Report), dated 19 March 1968 which shows that he completed the Infantry Officer Basic Course (IOBC), class number 6-68, from 15 January 1968 to 18 March 1968.

5.  The applicant served in Vietnam from 7 January 1969 to 22 December 1969.  He was promoted to captain (CPT/O-3) effective 13 January 1969, as an MI officer.  He continued to serve until he was honorably released from active duty on 3 January 1970.  He was transferred to the USAR Control Group (Annual Training).  He was honorably discharged on 13 January 1972, in the rank of CPT, MI Corps.

6.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Vietnam Police Honor Medal, Second Class; the Joint Service Commendation Medal; the Republic of Vietnam Campaign Medal; two Overseas Service Bars; and the Bronze Star Medal.  His DD Form 214 does not show any additional awards.

7.  The applicant's DD Form 214 shows that his last unit of assignment was with Hqs, USMACV.   

8.  Item 9 (Military Occupational Specialties), of his DA Form 66 (Officer Qualification Record), shows that he was awarded the MOS of 1542, Infantry Unit Commander, effective 19 March 1968, the date he completed IOBC, and was awarded the MOS of 9666, Intelligence Research Officer, effective 28 June 1968.

9.  The applicant’s DA Form 66 shows he served as an intelligence officer in   II CTZ (CI) [Counterinsurgency], in MOS, 9301, as a staff officer in Phoenix/Corps (CI), in MOS 9666, and as a legal officer in the Plans and Operations Division, Phoenix CORDS (Coordinator) (CI), in MOS 9666, with USMACV, in Vietnam.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge. 

10.  The applicant provides a copy of DA Order Number 215, dated 1 November 1968, which shows that the applicant would be reassigned to USA (United States Army) Element USMACV, in Vietnam, with an availability date of 6 January 1969 and to report no later than 10 January 1969.  



11.  The applicant provides a copy of Hqs, USMACV Special Orders 10, dated 10 January 1969, which shows that he was reassigned to the USA ADGRU (Advisory Group) II Corps, a sub command of the USMACV, with a reporting date of 13 January 1969. 

12.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel 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.  

13.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

14.  U.S. Military Assistance Command, Vietnam, (MACV) Directive 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed advisor positions in MACV, which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized.  The positions listed were:  Province Senior Advisor; District Senior Advisor; Subsector Advisor; Regimental Senior Advisor; Infantry or Ranger Battalion Advisor; Senior Advisor, Mobile Advisory Team (includes assistant or deputy); Reconnaissance Company Advisor; Light Weapons Infantry Advisor; Heavy Weapons Infantry Advisor; Village/Hamlet Security Advisor; Operations/ Intelligence Advisor; Operations Advisor; Province Reconnaissance Unit Advisor; Radio/Telephone Operator; and Battalion Liaison Officer 

15.  While the applicant was assigned to Vietnam he participated in three campaigns.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 

16.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Meritorious Unit Commendation, by Department of the Army General Orders (DAGO) Number 51, dated 1971, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214. 

17.  DA Pamphlet 672-3 shows that USMACV, the unit the applicant was assigned to, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 8 February 1962 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 served as a province coordinator, an intelligence officer, staff officer, and legal officer, with USMAVC, while serving in Vietnam.  There is no evidence, and the applicant has provided none, to show that he served in active ground combat or to show that he personally came under fire while serving in Vietnam.  Therefore, this evidence is insufficient to support an award of the Combat Infantryman Badge.  He is not entitled to correction of his records to show that he was awarded the Combat Infantryman Badge

3. The evidence shows the applicant completed IOBC prior to his reassignment to Vietnam.  However, by completing IOBC it did not support an award of the Combat Infantryman Badge.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in three campaigns and he is therefore entitled to be awarded three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these shown on his DD Form 214.

5.  The applicant's unit was cited for award of the Meritorious Unit Commendation and 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 these unit awards. 

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.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 January 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 January 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

__HOF___  __TEO__  ___JRH_  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 three bronze service stars; the Meritorious Unit Commendation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and providing him a correction to his separation document that includes these awards.




______Hubert O. Fry______
          CHAIRPERSON




INDEX

CASE ID
AR20060017206
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070522
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700103
DISCHARGE AUTHORITY
AR 635-100, chap 3. . . . .  
DISCHARGE REASON

BOARD DECISION
DENY, GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.