RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 August 2007
	DOCKET NUMBER:  AR20070006231 


	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:


Mr. Bernard P. Ingold

Chairperson

Mr. Thomas M. Ray

Member

Mr. Gerald J. Purcell

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.

2.  The applicant states, in effect, that he served as an Infantryman with B Company, 3rd Battalion, 8th Infantry, during the period 25 August 1967 through 22 December 1967 in the Republic of Vietnam.  He further states that his unit was engaged in several battles against the enemy.

3.  The applicant provided copies of the following documents in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

	b.  Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans Service Organization As Claimant's Representative.

	c.  Page 3 of his DA Form 20 (Enlisted Qualification Record).

	d.  Computer article, narrative description of events pertaining to the "Battle of Dak To" during the period 3 November 1967 through 21 November 1967. 

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 records show that he was inducted in the Army of the United States on 20 February 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest grade the applicant attained while serving on active duty was specialist/pay grade E-4.  He was honorably separated on 4 April 1969.

3.  The applicant's records further show that he served in the Republic of Vietnam during the period 14 August 1967 through 19 September 1968.  While in the Republic of Vietnam, he was assigned as follows:

	a.  Assigned as a rifleman to Company B, 3rd Battalion, 8th Infantry, 4th Infantry Division during the period 25 August 1967 through 22 December 1967.

	b.  Assigned as a grenadier and as a rifleman to Company D, 51st Infantry, during the period 23 December 1967 through 3 August 1968.  While assigned to this unit, the applicant was confined for 37 days during the period 24 June 1968 through 30 July 1968 as a result of a special court-martial.

	c.  Assigned as a security guard to Company D, 58th Infantry, during the period 4 August 1968 until 15 August 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.  The submitted computer printout describes in details the actions of the 4th Infantry Division while engaging the enemy at the "Battle of Dak-To" during the period 3 November 1967 through 21 November 1967.  According to this article, the applicant's unit of assignment, 3rd Battalion, 8th Infantry, played a supportive and critical part of this battle, in both offensive and defensive operations, and suffered several casualties.

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 that are not shown on his DD Form 214.

8.  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 3, dated 1970.

9.  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 53, dated 1970.

10.  Headquarters Fort Polk, Fort Polk, Louisiana, Special Orders 145, dated 2 June 1967 show that the applicant was awarded the Marksman Marksmanship Badge with Rifle Bar (M-16) on 25 May 1967. 

11.  Headquarters Fort Polk, Fort Polk, Louisiana, Special Orders 145, dated 6 June 1967 show that the applicant was awarded the Expert Marksmanship Badge with Machinegun Bar (M-60) on 1 June 1967.

12.  Headquarters, 6th Battalion, 82nd Artillery, Fort Bragg, North Carolina, Special Orders Number 209, dated 18 November 1968 show that the applicant was awarded the Marksman Marksmanship Badge with Pistol Bar (45 caliber) on 16 November 1968.

13.  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.

14.  Appendix B of Army Regulation 600-8-22 shows 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.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while the applicant was assigned to 3rd Battalion, 8th Infantry, in the Republic of Vietnam, this unit was awarded the Presidential Unit Citation for the period 29 October 1967 through 30 November 1967 based in the Department of the Army General Order Number 38 dated 1971. 
DISCUSSION AND CONCLUSIONS:

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

2.  There are no general orders and there is no evidence in the applicant's service records that show he was awarded the Combat Infantryman Badge.

3.  The applicant was an infantryman assigned to an infantry unit in the Republic of Vietnam which engaged the enemy in November 1967.  However, there is no evidence that he was actively participating in such ground combat.  In the absence of evidence that the applicant was an active participant in combat, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

4.  The applicant's infantry unit was engaged in combat during the Vietnam conflict.  However, the applicant has not shown that he was personally present and under hostile fire when his unit was actively engaged in ground combat with the enemy.  Had he been personally present, it is presumed his unit would have included him on orders for the CIB.  Additionally, it is presumed that the applicant did not serve satisfactorily based upon his receiving a special-court martial during this period.

5.  Orders show the applicant was awarded the Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his record to show this award.

6.  Orders show the applicant was awarded the Republic of Vietnam Civil Actions Honor Medal-First Class Citation.  Therefore, he is entitled to correction of his record to show this award

7.  Orders show that the applicant was awarded the Marksman Marksmanship Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his record to show this award.

8.  Orders show that the applicant was awarded the Expert Marksmanship Badge with Machinegun Bar (M-60).  Therefore, he is entitled to correction of his record to show this award.




9.  Orders show that the applicant was awarded the Marksman Marksmanship Badge with Pistol Bar (.45 caliber).  Therefore, he is entitled to correction of his record to show this award.

10.  Orders show that the applicant was awarded the Presidential Unit Citation.  Therefore, he is entitled to correction of his records to show this award.

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

12.  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:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__bpi___  __tmr___  __gjp___  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 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 award of the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Citation, the Marksman Marksmanship Badge with Rifle Bar (M-16), the Expert Marksmanship Badge with Machinegun Bar (M-60), the Marksman Marksmanship Badge with Pistol Bar (.45 caliber), the Presidential Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




							Bernard P. Ingold
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070006231
SUFFIX

RECON

DATE BOARDED
20070830
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.