RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 July 2007
	DOCKET NUMBER:  AR20070003238 


	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 T. Meixell

Chairperson

Mr. Robert J. Osborn, II

Member

Mr. Michael J. Flynn

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).

2.  The applicant states, in effect, that he was an infantry Soldier in the Republic of Vietnam and that he was awarded the CIB but it was not posted to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant did not provide any additional documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 29 August 1969, the date of his transfer to the United States Army Reserve Control Group.  The application submitted in this case is dated 28 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 enlisted in the Army on 2 September 1966. He completed basic training and advanced individual training and was awarded MOS 71B (Clerk Typist).

4.  The applicant's records show that he served in the Republic of Vietnam during the period 5 February 1967 through 27 January 1968.  Records further show that he was assigned to the Advanced Team Number 33, II Corps, United States Military Assistance Command, Vietnam (USMACV).

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

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

8.  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 8, dated 1974.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of this form shows that the applicant's received ratings of "Excellent" throughout his first enlistment.

10.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

11.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Combat Infantryman Badge was carefully considered and determined to be without merit. Records show that the applicant was awarded the MOS 71B (Clerk Typist) which is not a qualifying MOS and there is no evidence in the available records and 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 Combat Infantryman Badge.  In the absence of evidence to the contrary, there is no basis to grant the relief requested.
2.  Evidence of record confirms that the applicant served honorably during the period 2 September 1966 through 29 August 1969.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 August 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 28 August 1972.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the evidence in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_JTM____  _MJA___  _RJO___  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 award of the Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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.



___John T. Meixell___
          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.