RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 May 2007
	DOCKET NUMBER:  AR20060017719 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Ronald J. Weaver

Member

Mr. David W. Tucker

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 award of the Combat Infantryman Badge for his service in the Republic of Vietnam.

2.  The applicant states that although he was not in the Republic of Vietnam for very long, he did come under fire twice. 

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 6 January 1970, the date of his release from active duty.  The application submitted in this case is dated 13 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.  On 15 March 1968, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 11B1O (Light Weapons Infantryman).

4.  On 20 August 1969, the applicant was assigned as a student to the Americal Combat Center, and was subsequently assigned on 31 August 1969 to Company B, 2nd Battalion, 1st Infantry Regiment,196th Light Infantry Brigade, in the Republic of Vietnam. 

5.  Emergency Leave Orders Number 9-8553, Americal Division, dated 
28 September 1969, returned the applicant the United States

6.  On 29 October 1969, the applicant was attached to the United States Army Garrison, Fort McCoy, Sparta, Wisconsin, for the purpose of requesting a hardship discharge.


7.  On 6 January 1970, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had completed 1 year, 9 months and 22 days of creditable active duty.  He had served approximately 1 month in the Republic of Vietnam.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the Applicant’s Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) lists the National Defense Service Medal, Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show the Combat Infantryman Badge.

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 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.  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 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.   Appendix 
3 to Annex A of this regulation listed positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

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

12.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Summer-Fall 1969 campaign period. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 1st Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Valorous Unit Award.

14.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit citation with Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1. The evidence of record shows that he was an infantryman assigned or attached to an infantry unit of brigade or smaller size in the Republic of Vietnam. However, there is no evidence of record to show he actually performed as such.  Furthermore, the evidence provided by the applicant is not sufficiently convincing to make the determination that he did indeed serve in actual ground combat.  Therefore, there is no basis for award of the Combat Infantryman Badge to the applicant.

2.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award. 

3.  Records show that the applicant participated in one campaign during his service in the Republic of Vietnam.  Therefore, he is eligible for award of the Vietnam Service Medal with one bronze service star affixed.  

4.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.  Therefore, his records should be corrected to show this foreign unit award. 




5.  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.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 January 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
5 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

___JCR__  __DWT__  __RJW__  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.

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 concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Valorous Unit Award, the Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.
.




__Jeffrey C. Redmann__
          CHAIRPERSON




INDEX

CASE ID
AR20060017719
SUFFIX

RECON
 
DATE BOARDED
20070524 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.