RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20060017725 


	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:


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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal and the Combat Infantryman Badge. 

2.  The applicant states that he served as a combat rifleman with Company C, 502nd Infantry Regiment, 1stt Brigade, 101stt Airborne Division, in the Republic of Vietnam from 27 June 1967 to 27 June 1968.  He further states that he was not awarded the Combat Infantryman Badge but did received the Bronze Star Medal a year after he was discharged.

3.  The applicant provides a copy of his DD Form 214, his Orders, Citation, and Certificate for the Bronze Star Medal, his assignment orders, and a letter of support.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 3 March 1969, the date of his release from active duty.  The application submitted in this case is dated 23 October 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 4 March 1966, the applicant enlisted in the regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 36K1O (Lineman).

4.  On 25 June 1967, the applicant was assigned for duty with the 2nd Battalion, 502nd Infantry Regiment, in the Republic of Vietnam.  He was returned to the United States on 26 June 1968.



5.  General Orders 3895,101st Air Cavalry Division, dated 18 July 1968, awarded the applicant the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period from 27 June 1967 to 26 June 1968. 

6.  On 3 March 1969, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E5 and had completed 3 years of creditable active duty.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal, and the Parachutist Badge.  It does not show award of the Bronze Star Medal or the Combat Infantryman Badge. 

8.  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.

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

10.  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 following three campaign periods: the Vietnam Counteroffensive, Phase III, the TET Counteroffensive, 1968, and the Vietnam Counteroffensive, Phase IV.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

11.  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, 502nd Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  
12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with "1960" Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was assigned to an infantry unit of brigade, regimental or smaller size.  However, he did not hold a qualifying infantry MOS.  Therefore, his request for award of the Combat Infantryman Badge should not be granted.

2.  General Orders show that the applicant was awarded the Bronze Star Medal. Therefore, his records should be corrected to show this award.

3.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

4.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show that the applicant served in the Republic of Vietnam for a qualifying period for award of the Republic of Vietnam Campaign Medal with "1960" Device.  Therefore, his records should be corrected to show this award.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 March 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
2 March 1972.  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 by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, Republic of Vietnam Campaign Medal with "1960" Device, and three bronze service stars to be affixed to his Vietnam Service Medal.

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 Combat Infantryman Badge.  




__Margaret K. Patterson____
          CHAIRPERSON




INDEX

CASE ID
AR20060017725
SUFFIX

RECON
 
DATE BOARDED
20070614 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0014
2.
107.0111
3.

4.

5.

6.