RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20070000292 


	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 the Army Commendation Medal, with "V" Device, be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he be awarded the Combat Infantryman Badge. 

2.  The applicant states, in effect, that the Army Commendation Medal, with "V" Device, and the Combat Infantryman Badge are not listed on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214 and a copy of orders and an award certificate awarding him the Army Commendation Medal, with "V" Device, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error and injustice which occurred on 13 May 1968, the date of his release from active duty.  The application submitted in this case is dated 19 December 2006 but was received for processing on 5 January 2007.

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 record shows he was inducted into the Army of the United States on 23 May 1966.  The applicant successfully completed basic combat training and advanced individual training at Fort Benning, Georgia.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 11E, Armor Crewman.






4.  The applicant was promoted to sergeant (SGT/E-5) 22 November 1967 and was awarded the primary MOS (PMOS) of 11B, Light Weapons Infantryman, on the same date.  He served in Vietnam from 18 May 1967 to 12 May 1968 with HHC (Headquarters and Headquarter Company), 2nd Battalion, 47th Infantry, as a Gunner, in MOS 11E20, and with Troop K, 3rd Squadron, 11th Armored Cavalry Regiment, as a Reconnaissance Scout, in MOS 11D20, and as a Squad Leader, in MOS 11B40.

5.  The applicant served until he was released from active duty on 13 May 1968, in the pay grade of E-5, in MOS 11B.  He was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training).  He served until he was honorably discharged on 22 May 1972, in the rank of SGT, in MOS 11B.

6.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; and the Good Conduct Medal.  His DD Form 214 does not show any additional awards.

7.  The applicant provided a copy of orders and an award certificate awarding him the Army Commendation Medal, with "V" Device, on 15 March 1968, for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam, while assigned to Troop K, 3d Squadron, 11th Armored Cavalry Regiment.  

8.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge. 

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.  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.

11.  The same regulation states that the term "smaller size" infantry unit is a unit of squad, platoon or company size.  For example, personnel possessing an infantry MOS in a rifle squad or a cavalry platoon of an armored cavalry troop would be eligible for award of the Combat Infantryman Badge if other criteria are also met. 

12.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 31, dated 1969; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 59, dated 1969; and the Valorous Unit Award, by DAGO Number 28 dated 1969, 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 of record shows that the applicant was awarded the Army Commendation Medal, with "V" Device, on 15 March 1968, for heroism in connection with military operations against an armed hostile force, while he served in Vietnam.  Therefore, he is entitled to correction of his records to show this award.






2.  The evidence shows that the applicant held an infantry MOS and served as a squad leader, in MOS 11B40, with Troop K, 3rd Squadron, 11th Armored Cavalry Regiment, while serving in Vietnam.  He served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  The applicant was awarded the Army Commendation Medal, with "V" Device, for heroism, while assigned in MOS 11B.  He is therefore entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

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

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and the Valorous Unit Award, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 May 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 May 1971.  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:

_RCH___  __MKP__  __RDG__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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: 

	a.  adding the already awarded Army Commendation Medal, with "V" Device, to his DD Form 214; and 

b.  awarding the applicant the Combat Infantryman Badge; four bronze service stars to be worn on the already awarded Vietnam Service Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Valorous Unit Award; and adding these awards to his DD Form 214.




_____M. K. Patterson____
          CHAIRPERSON




INDEX

CASE ID
AR20070000292
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070614
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19680513
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.