RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 August 2007
	DOCKET NUMBER:  AR20070004717 


	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. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Conrad V. Meyer

Chairperson

Mr. Dale E. DeBruler

Member

Ms. Ernestine R. Moya

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, correction of his records to show award of the Combat Infantryman Badge.  

2.  The applicant states that he served in the capacity of both military Occupational Specialty (MOS) 11C1O and 11C2O (Indirect Infantry Fire Crewman) and is entitled to the issuance of the Combat Infantryman Badge. 

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), DA Form 20 (Enlisted Qualification Record), and a two-page excerpt of a web page of a Soldier who was attached to his unit who was awarded the Combat Infantryman Badge, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 3 October 1967.  After completion of basic and advanced individual training, he was awarded military occupational specialty 11C1O (Indirect Infantry Fire Crewman). 

3.  The applicant's DD Form 214 shows that on 2 October 1969, he was honorably released from active duty and transferred to the United States Army Reserve Control Group to complete his remaining service obligation.  The highest rank the applicant attained while serving on active duty was sergeant/pay grade E-5.  

4.  The applicant's record shows he served in the Republic of Vietnam as an Ammo Bearer in Duty MOS 11C1O and as a Gunner in Duty MOS 11C2O during the period 26 March 1968 through 25 March 1969.  Records show that he was assigned to Company E 1st Battalion (Airmobile) of the 501st Infantry.  
5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Infantryman Badge.  There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge.  

6.  Item 24 of the applicant's DD Form 214 shows the applicant was awarded the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Meal, the Republic of Vietnam Campaign Medal with Device 60, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  Item 41 of the applicant's DD Form 20 does not show he was awarded 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 that are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to Company E 1st Battalion (Airmobile) of the 501st Infantry the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 21, dated 1969.

11.  Department of the Army Pamphlet 672-3 also shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 18 March 1968 through 2 May 1970, based on Department of the Army General Orders Number 48, dated 1971.

12.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  The applicant's service records indicate he participated in the TET Counteroffensive, the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, the Vietnam Counteroffensive Phase VI, and the TET 69 Counteroffensive campaigns.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in five 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.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge.

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence showing that he was awarded the Combat Infantryman Badge.

3.  Records show the applicant was awarded an infantry military occupational specialty.  However, there is no evidence that the applicant served in an infantry duty position in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, all of which are required by regulation for award of the Combat Infantryman Badge.  Based on the foregoing, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

4.  Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

5.  Orders awarded the applicant’s unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

6.  Records show that the applicant participated in the five campaigns during his service in Vietnam.  Therefore is eligible for award of a silver service star to be affixed to his Vietnam Service Medal.
7.   Evidence shows that the applicant’s records contain an administrative error which does 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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_CVM___  __DED___  _EM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 show award of the Combat Infantryman Badge.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the applicant was awarded the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and award of a silver service star to be affixed to the previously awarded Vietnam Service Medal.




_Conrad V. Meyer__
          CHAIRPERSON






INDEX

CASE ID
AR20070004717
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.