RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  4 October 2007
	DOCKET NUMBER:  AR20070004834 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Susan A. Powers

Chairperson

Mr. Edward E. Montgomery

Member

Mr. Qawiy A. Sabree

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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that his records were lost and he was separated on temporary records.  He states that he was in dozens of firefights in the Republic of Vietnam but his Combat Infantryman Badge was left off of his DD Form 214.

3.  The applicant provides no additional documentation.  

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.  On 24 October 1968, the applicant enlisted in the Regular Army for 2 years.  He completed his initial training and was awarded military occupational specialty 11B1O (Light Weapons Infantryman). 

3.  On 18 August 1969, the applicant was assigned for duty as an automatic rifleman with 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division, in the Republic of Vietnam.  He served with this unit until his return to the United States on 1 August 1970.

4.  On 10 March 1971, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 2 years and 24 days of creditable active duty.


5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Combat Infantryman Badge. 

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 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.

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

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 3rd Battalion, 8th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders 53, dated 1973, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

9.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  However, it does not sufficiently show that he ever engaged in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should not be granted. 

2.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 
214 should be corrected to show these foreign unit awards.

3.  Evidence shows that the applicant’s records contain 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:

 _ SAP __  __EEM__  __QAS _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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.  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 by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




__    Susan A. Powers ____
          CHAIRPERSON


INDEX

CASE ID
AR20070004834
SUFFIX

RECON
 
DATE BOARDED
20071004 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.