RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 September 2007
	DOCKET NUMBER:  AR20070005317 


	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. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. James Vick

Chairperson

Mr. Ronald Gant

Member

Mr. Rowland Heflin

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 he received the CIB while serving in Tay Ninh, Republic of Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 3 July 1969, the date of his transfer to the United States Army Reserve Control Group (Reinforcement).

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 enlisted in the United States Army on 5 July 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 16H (Air Defense Artillery Operations and Intelligence Assistant).  The highest grade the applicant attained while serving on active duty was sergeant/pay grade E-5.  He was honorably released from active duty on 3 July 1969.

3.  The applicant's records further show that he served in the Republic of Vietnam during the period 31 October 1967 to 23 October 1968.  While in the Republic of Vietnam, he was assigned as:

	a.  a cannoneer and gunner in MOS 13F with Battery B, 5th Battalion, 2nd Artillery during the period 8 November 1967 to 24 February 1968; and 

	b.  a gunner and then squad leader in MOS 13F with to Battery A, 4th Battalion, 60th Artillery, during the period 25 February 1968 to 21 October 1968. 
4.  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.

5.  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 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.

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

7.  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 48, dated 1971.

8.  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 with 2 bronze service stars.

9.  Appendix B of Army Regulation 600-8-22 and the applicant's personnel records show that the applicant participated in the Vietnam Counteroffensive Phases III, IV, and V, as well as the TET Offensive campaigns during his tour of duty in the Republic of 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.

10.  Department of the Army Pamphlet 672-3 shows that while the applicant was assigned to Battery B, 5th Battalion, 2nd Artillery, in the Republic of Vietnam, this unit was awarded the Meritorious Unit Commendation for the period 5 April 1968 to 30 September 1968 based on Department of the Army General Order Number 60 dated 1969.  His second unit of assignment in the Republic of Vietnam was Battery A, 4th Battalion, 60th Artillery.  This unit was also awarded the Meritorious Unit Commendation for the period 1 April 1968 to 31 March 1972 based on Department of the Army General Order Number 6 dated 1974. 
11.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations engaged in combat operations.  An Oak Leaf Cluster is authorized for wear for each additional award of the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the CIB.  There are no general orders and there is no evidence in the applicant's service records that show he was awarded the CIB.  The applicant, by regulatory guidance, does not meet the preliminary requirement of holding an Infantryman MOS; therefore, he is not entitled to award of the CIB.

2.  Record shows the applicant was awarded the Vietnam Service Medal with two bronze service stars.  Additionally, records show the applicant participated in two additional 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.  Based on the applicant's service with the Battery B, 5th Battalion, 2nd Artillery and Battery A, 4th Battalion, 60th Artillery, he is entitled to an award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Meritorious Unit Commendation. 

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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JV____  __RG ___  __RH ___  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.

2.  The Board determined that administrative errors 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 amending his DD Form 214 to show award of the Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation with Oak Leaf Cluster, and 4 bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




______ James Vick________
          CHAIRPERSON




INDEX

CASE ID
AR20070005317
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070919
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY/W NOTE
REVIEW AUTHORITY

ISSUES         1.
107.0000/.0088
2.

3.

4.

5.

6.