RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20060017430 


	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. Antoinette Farley

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 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, states he was under hostile fire while serving in an assigned infantry primary duty status.  The applicant continues that his unit actively engaged in ground combat with the enemy.  The applicant adds that during the period January 1967 through December 1967 he served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) with the 9th Infantry Division in the Republic of Vietnam.  

4.  The applicant continues that he operated the Bearcat 81 millimeter gun while assigned to company C, 4th Battalion, 39th Infantry of the 9th Infantry Division, which operated in the Iron Triangle and other areas of III Corps.  

5.  The applicant contends that he served as a combat correspondent while attached to a Brigade Headquarters operating primarily with the Reconnaissance Platoon and as a rifleman with Company C in the Rung Sat Special Zone and other areas of III Corps including the Cambodian border.  The applicant contends that these operations included numerous helicopter-borne assaults and he was away from his base for more than 30 days.  The applicant continues that during these operations his unit came under regular hostile fire and on one such occasion, he was the closest to a Soldier killed by sniper fire. 

6.  The applicant further states that he was transferred to Company E, 3rd Battalion of the 47th Infantry where his unit regularly came under sniper and mortar fire.  The applicant continues that while attached to Company E, 4th Battalion of the 39th Infantry Division in the Republic of Vietnam he wore the Combat Infantryman Badge on his uniforms at all times as directed by officers of that company.

7.  The applicant states that his record probably shows he was assigned to Brigade Headquarters at the time and that Company C, 4th Battalion of the 39th Infantry Division omitted his name from the roster. 

8.  The applicant provided a continuation sheet further detailing his duty assignments and principal duties in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 19 April 1968, the date of his transfer to the United States Army Reserve.  The application submitted in this case is dated 6 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 military records show he was inducted into the Army of the United States on 22 April 1966 for a period of 2 years.  The applicant was awarded the military occupational specialty (MOS) 71D (Legal Clerk).  

4.  On 10 December 1966, he was transferred to the Republic of Vietnam and assigned to Company C, 4th Battalion, 39th Infantry of the 9th Infantry Division in duty MOS 11C (Infantry Indirect Fire Crewman).  On 6 August 1967, he was reassigned to Company E, 3rd Battalion of the 47th Infantry, 9th Infantry Division in duty MOS 11C (Gunner).  On 26 August 1967, the applicant was assigned in duty MOS 71Q (Information Specialist).  On 19 January 1968, the applicant returned from overseas duty and was assigned to Headquarters and Headquarters, 16th Armor Group, Fort Knox, Kentucky in MOS 71D as a Legal Clerk.

5.  The applicant was honorably released from active duty on 19 April 1968 and transferred to the United States Army Reserve Control Group (Annual Training).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Combat Infantryman Badge.  There are no orders in the applicant's service personnel records which show that he was awarded the Combat Infantryman Badge.  

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.  

8.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 shows that, on 13 September 1966, he was awarded the MOS 11B (Light Weapons Infantryman); on 17 January 1967, he was awarded MOS 11C (Infantry Indirect Fire Crewman); on 21 August 1967, he was awarded MOS 71Q (Information Specialist); and on 9 February 1968, he was awarded MOS 71D (Legal Clerk).  

9.  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 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.

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

11.  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 shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 December 1966 through 30 June 1968, based on Department of the Army General Orders (DAGO) Number 31, dated 1969.

12.  Department of the Army Pamphlet 672-3, in pertinent part, 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 19 December 1966 through 28 June 1969, based on DAGO Number 59, dated 1969.

13.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his records do not show any bronze service stars indicating campaign credit.  His records indicate that he participated in the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III.

14.  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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Combat Infantryman Badge.  

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence showing that he was awarded the Combat Infantryman Badge.

3.  Records show the applicant was awarded an infantry military occupational specialty.  However, there is no evidence that the applicant served in an infantry duty position in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, all of which are required by regulation for award of the Combat Infantryman Badge.  Based on the foregoing, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

4.  General Orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These awards were omitted from his DD Form 214.  Therefore, the applicant is entitled to correction of his DD Form 214 to add these foreign unit awards.

5.  Records show that the applicant participated in two campaigns during his service in Vietnam.  Therefore is eligible for award of two bronze service stars to be affixed to his existing Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 April 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 18 April 1971.  Although, the applicant did not file within the 3-year statute of limitations it is appropriate to waive failure to timely file in this case based on the facts of the case.

7.   Evidence shows that the applicant’s records contain an 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

_MKP__  __RDG___  _RCH____  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 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class, and two bronze service stars to be affixed to the existing Vietnam Service Medal. 



_M K Patterson__
          CHAIRPERSON


INDEX

CASE ID
AR20060017430
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1968/04/19
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
ETS
BOARD DECISION
Part Grant
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.