RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20060017648 


	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 MOS (military occupation specialty), of 11B20, Light Weapons Infantryman, the Combat Infantryman Badge, and the Good Conduct Medal.

2.  The applicant states, in effect, that he was on many patrols, sweeps, civil affairs teams, reactionary forces, convoy escorts, and perimeter guard during the 1968 TET Offense, with numerous enemy engagements, including several fire fights, mortar and rocket attacks, and perimeter breeches, while assigned to the 4th Infantry Division, II Corps, Pleiku, Central Highlands, South Vietnam.

3.  The applicant provides no additional documentation in support of his request.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel has opted to remain silent.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 26 March 1970, the date of his release from active duty.  The application submitted in this case is dated 9 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 enlisted in the Regular Army on 27 March 1967.  The applicant successfully completed basic combat training at Fort Bragg, North Carolina, and advanced individual training at Fort Gordon, Georgia.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 31J, Teletypewriter Repairman.



4.  He served in Vietnam from 22 December 1967 to 17 December 1968.  He was promoted to specialist five (SP5/E-5) effective 23 August 1969.  He continued to serve until he was honorably released from active duty on 26 March 1970.  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He was honorably discharged on 1 March 1973, in the rank of SP5, and MOS 31J20.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal; the Vietnam Service Medal, with one silver service star; the Republic of Vietnam Campaign Medal; and the Expert Marksmanship Qualification Badge, with Rifle Bar.  His DD Form 214 does not show any additional awards.

6.  Item 23a, of the applicant's DD Form 214, shows the entry "31J20 Teletype-writer Rpmn" (Repairman).  There are no orders in the applicant's service personnel records to show the applicant was reclassified or was awarded an infantry MOS or performed the duties of an infantryman.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served as a teletypewriter repairman, in MOS 31J20, with Company A and HHC (Headquarters and Headquarters Company), 4th Supply and Transport Battalion, 4th Infantry Division, in Vietnam.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge. 

8.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

9.  Army Regulation 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.  The Awards Branch of the Total Army Personnel Command [now the Human Resources 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.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

11.  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 48, dated 1969; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 3, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 53, dated 1970, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant enlisted as a 31J, teletypewriter repairman and that his principle duties were those of a teletypewriter repairman while serving on active duty.  There are no orders in his service personnel records to show that he was reclassified or awarded an infantry MOS or performed the duties of an infantryman on active duty.  Therefore, there is no basis to change item 23a (Primary Specialty Number and Title), of his DD Form 214, to show the entry "11B20 Light Weapons Infantryman" instead of the entry "31J20 Teletypewriter Rpmn."

2.  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 he must have served in active ground combat while assigned or attached to this infantry unit.

3.  The evidence of record shows the applicant was trained as a teletypewriter repairman, in MOS, 31J20, and his last duty of assignment was with HHC, 4th Supply and Transport Battalion, 4th Infantry Division, 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.  There is no evidence, and the applicant has provided no independent evidence, that shows he was ever awarded the Combat Infantryman Badge or an infantry MOS.  He is not entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 27 March 1967 to 26 March 1970 based on completion of a period of qualifying military service.  Therefore, he is entitled to correction of his records to show this award.

5.  The applicant's unit was cited for award of the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, 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.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 26 March 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 25 March 1973.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__RCH__  __MKP__  __RDG__  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 to show that he was awarded the Good Conduct Medal, for the period 27 March 1967 to 26 March 1970; the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and their addition to his DD Form 214.




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 MOS "11B20 Light Weapons Infantryman" and award of the Combat Infantryman Badge, and to add these to his DD Form 214.




______M. K. Patterson_____
          CHAIRPERSON




INDEX

CASE ID
AR20060017648
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070614
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700326
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY/GRANT (PARTIAL)
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.