RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 July 2007
	DOCKET NUMBER:  AR20070002976 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. David K. Haasenritter

Member

Ms. LaVerne M. Douglas

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 (CIB).  The applicant also requests that his records be corrected to show award of the Presidential Unit Citation.

2.  The applicant states, in effect, that he was never awarded the CIB.  He further states that his military occupational specialty (MOS) was 11B (Infantryman) and that the unit he was assigned to was awarded the Presidential Unit Citation for Operation Fire Support Base Gold in the Republic of Vietnam.

3.  The applicant provided a page from the internet titled "Dau Tieng Base Camp."  The applicant also provided two letters from his previous company commanders while serving in the Republic of Vietnam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 29 November 1967, the date of his transfer to the United States Army Reserve Control Group.  The application submitted in this case is dated
19 February 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.  Records show that the applicant was inducted in the Army of the United States on 7 December 1965.  He completed basic training and advanced individual training and was awarded MOS 11B (Light Weapons Infantryman).

4.  Records show that he was assigned to Company A, 2nd Battalion, 12th Infantry, 4th Infantry Division.  Records further show that the applicant served in the Republic of Vietnam during the period 4 February 1967 through 30 November 1967.  The applicant's records also show that the 2nd Battalion, 12th Infantry, was re-designated and was assigned to the 25th Infantry Division on 1 August 1967.

5.  The applicant's DD Form 214 does not show award of the CIB or the Presidential Unit Citation.  There are no orders in the available records which show the applicant was awarded the CIB or the Presidential Unit Citation.

6.  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 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 

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Presidential Unit Citation to an individual. 

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

9.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III campaigns during his tour of duty in Vietnam.  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) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971, which amended Department of the Army General Orders Number 38, dated 1970, which amended Department of the Army General Order Number 3, dated 1970.



12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while the applicant was assigned to the 2nd Battalion, 12th Infantry, 4th Infantry Division, in the Republic of Vietnam, this unit was awarded the Republic of Vietnam Civil Actions Honor Medal - First Class Unit Citation based on the Department of the Army General Orders Number 51 dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the CIB was carefully considered and determined to be without merit.  Records show that the applicant was awarded the MOS 11B (Infantryman) but the applicant has not provided sufficient evidence showing that he was directly involved in ground combat.  As a result the applicant does not meet the criteria for award of the CIB.  In the absence of evidence to the contrary, there is no basis to grant the relief requested.

2.  The applicant's contention that he is entitled to correction of his records to show award of the Presidential Unit Citation was carefully considered and also determined to be without merit.  There is no evidence in the available records and the applicant has not provided sufficient evidence showing that the unit he was assigned during his military service was awarded the Presidential Unit Citation.  Absent such evidence, there is no basis to amend the applicant's records as requested.

3.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

4.  General Orders show the applicant 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, which are not shown on his separation document.  Therefore, he is entitled to correction of his records to show these awards. 

5.  Evidence shows that the applicant’s records contain administrative errors which do 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 29 November 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 28 November 1970.  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

__LMD__  _DKH___  _JS_____  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 to show 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 two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


__John N. Slone__
          CHAIRPERSON

INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.