RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2007
      DOCKET NUMBER:  AR20070004770


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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 that he be awarded the Combat Infantryman Badge
(CIB) and, in effect, also that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be amended to show he held primary
military occupational specialty (MOS) 11B (Light Weapons Infantryman).

2.  The applicant states that his MOS was changed to 11B on 11 November
1967.  He was a security guard with Headquarters and Headquarters Company
(HHC), 12th Combat Aviation Group.  He was in infantry combat during the
Tet 1968 offensive.  They were told they would receive a CIB.

3.  The applicant provides a newspaper article; his DD Form 214; and two
pages of his DA Form 20 (Enlisted Qualification Record).

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 on 3 April 1967.  He completed
basic combat training and advanced individual training and was awarded MOS
67N (Single Rotary Turbine Helicopter Mechanic).

3.  The applicant arrived in Vietnam and was assigned to HHC, 12th Combat
Aviation Group on 11 November 1967, where he performed duties as a security
guard in duty MOS 11B2O.  On 18 January 1968, primary MOS 67N2O was
withdrawn and he was awarded primary MOS 11B2O and secondary MOS 67N2O.

4.  The applicant departed Vietnam on 15 September 1968 after being
credited with participation in four campaigns.

5.  On 2 April 1969, the applicant was honorably released from active duty.
 His DD Form 214 shows he was awarded the National Defense Service Medal,
the Aircraft Crewman Badge, the Army Good Conduct Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal with device 1960, and
the Sharpshooter Marksmanship Qualification Badge with rifle bar.

6.  Item 23a (Specialty Number and Title) of the applicant’s DD Form 214
contains the entry “67N2O SRTHel Mech.”  Item 23b (Related Civilian
Occupation and D.O.T. (Dictionary of Occupational Titles) Number) contains
the entry “Acft Mech 621.”

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  In pertinent part, it
states the CIB was established during World War II to provide special
recognition of the unique role of the Army infantryman, the only Soldier
whose daily mission is to close with and destroy the enemy and to seize and
hold terrain.  The badge was intended as an inducement for individuals to
join the infantry while serving as a morale booster for infantrymen.

8.  In developing the CIB, the War Department did not dismiss or ignore the
contributions of other branches.  Their vital contributions to the overall
war effort were noted, but it was decided that other awards and decorations
were sufficient to recognize their contributions.  From the beginning, Army
leadership have taken care to retain the badge for the unique purpose for
which it was established.  The War Department received requests to award
the CIB to non-infantry individuals and units employed as infantry during
tactical emergencies.  All of those requests were disapproved based on the
fact that the regular infantryman lived, slept, ate, and fought as an
infantryman on a continuous and indefinite basis without regard to the
tactical situation.

9.  There are basically three requirements for award of the CIB.  The
Soldier must be an infantryman satisfactorily performing infantry duties,
must be assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must actively participate in such
ground combat.

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 HHC, 12th Combat Aviation Group, it was cited for
award of the Meritorious Unit Commendation for the period 1 January through
31 December 1967 by Department of the Army General Orders (DAGO) Number 48,
dated 1968.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to HHC, 12th Combat Aviation Group, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 27 March 1967 through 17 May 1968 on DAGO Number
43, dated 1970.

12.  Army Regulation 600-8-22 provides for the wear of one bronze service
star on the appropriate service medal, to include the Vietnam Service
Medal, for each campaign participation credited.

13.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  The regulation in effect at the time
stated that the Soldier’s primary MOS code number and title would be
entered in item 23a.  If the MOS had a related civilian occupation, the
appropriate job title and code number from the DOT would be entered in item
23b.  If not applicable, “NA” would be entered.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the applicant was awarded primary MOS 11B, that
he performed the duties of a security guard in duty MOS 11B2O during the
entire time he was assigned to HHC, 12th Combat Aviation Group, and that he
participated in combat during the first Tet offensive.  However, there are
three criteria for award of the CIB:  the Soldier must be an infantryman
satisfactorily performing infantry duties, must be assigned to an infantry
unit during such time as the unit is engaged in active ground combat, and
must actively participate in such ground combat.  The applicant was not
assigned to an infantry unit.  Regrettably, he does not meet the
eligibility criteria for award of the CIB.

2.  The applicant was assigned to a unit during a period of time that unit
was awarded the Meritorious Unit Commendation and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  These unit awards should be added
to his DD Form 214.

3.  The applicant was credited with participation in four campaigns;
therefore, he is eligible to wear four bronze service stars on his Vietnam
Service Medal and his DD Form 214 should be amended to reflect this.

4.  The applicant had been awarded primary MOS 11B2O and held primary MOS
11B2O at the time of his separation.  However, item 23a and item 23b of his
DD Form 214 reflects his previous primary MOS of 67N.  Item 23a should be
amended to reflect his specialty as 11B2O Light Weapons Infantryman.  Since
there is no civilian equivalent, item 23b should be amended to reflect the
entry “NA.”

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__tap___  __ena___  __pms___  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:

     a.  deleting the entry “67N2O SRTHel Mech” from item 23a of his DD
Form 214 and deleting the entry “Acft Mech 621.” from item 23b of his DD
Form 214;

     b.  adding the entry “11B2O Light Weapons Infantryman” to item 23a of
his DD Form 214 and adding the entry “NA” to item 23b of his DD Form 214;
and

     c.  amending his DD Form 214 to add the Meritorious Unit Commendation
and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to
show he is eligible to wear four bronze service stars on his already-
awarded Vietnam Service Medal.

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.




                                  __Thomas A. Pagan_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004770                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070913                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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