RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 July 2007
	DOCKET NUMBER:  AR20070003247 


	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:


Ms. Linda D. Simmons

Chairperson

Mr. Jerome L. Pionk

Member

Mr. John G. Heck

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 that he was assigned to C Company, 1st Battalion, 7th Cavalry, 1st Cavalry Division, in the Republic of Vietnam, during the period May 1968 through February 1969.  He further states that his records do not show that he was awarded the CIB.

3.  The applicant provides a copy of orders awarding him the Air Medal, orders awarding him the Bronze Star Medal, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and a copy of his permanent change of station (PCS) orders assigning him to Company C, 1st Battalion, 7th Cavalry, 1st Cavalry Division, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 16 August 1969, the date of his transfer to the United States Army Reserve Control Group.  The application submitted in this case is 24 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 17 August 1967.  He completed basic combat and advanced individual training and was awarded MOS 11B (Infantryman).  Records further show that he served in the Republic of Vietnam and was assigned to C Company, 1st Battalion, 7th Cavalry, 1st Cavalry Division during the period 13 February 1968 through 12 February 1969.  The applicant was honorably discharged on 16 August 1969.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not include the CIB in the list of awards earned by the applicant during his active duty tenure.  Item 24 shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Air Medal, the Bronze Star Medal, the Good Conduct Medal, the M14 Expert Qualification Badge, the M16 Marksman Qualification badge, the Sharpshooter M60 Qualification Badge, and 2 Overseas Service Bars.

5.  Headquarters, 1st Cavalry Division General Orders Number 15388, dated 27 December 1968, shows the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam.

6.  Headquarters, 1st Cavalry Division General Orders Number 878, dated 20 January 1969 shows the applicant was awarded the Bronze Star Medal for meritorious service, not involving participation in aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam.

7.  Paragraph 8-6 of Army Regulation 600-8-22 (Military Awards) provides for award of the CIB.  This paragraph states that there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of 
brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Commanders were not allowed to make any exceptions to this policy.

8.  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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  

9.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the CIB is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB 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.

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

11.  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.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and the Vietnam Counteroffensive Phase VI 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.

13.  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 70, dated 1969, amended Army General Orders Number 59, dated 1969.

14.  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 Civil Actions Honor Medal-First Class based on Department of the Army General Orders Number 42, dated 1972.

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

3.  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, which are not shown on his separation document.  Therefore, he is entitled to correction of his records to show these awards.

4.  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

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 August 1969, therefore, the time for the applicant to file a request for correction of any error or injustice expired on 15 August 1972.  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

__lds___  __jlp___  __jgh___  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 to add the CIB.



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, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal



							Linda D. Simmons
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070003247
SUFFIX

RECON

DATE BOARDED
20070726
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.