RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 December 2007
	DOCKET NUMBER:  AR20070006268 


	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 J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Ms. Rose M. Lys

Member

Mr. Edward Montgomery

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 records to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he arrived in Vietnam with C Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division and that he served as an infantryman.  For the short period he was assigned to the unit it participated in combat operations and he came under enemy fire.  Shortly thereafter, he volunteered to be a door gunner.  He was assigned to A Company, 5th Aviation Battalion, 5th Infantry, 1st Cavalry Division where he served as a door gunner and received the Air Medal for being over enemy territory and taking hostile fire.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 28 July 1968 and a DA Form 20 (Enlisted Qualification Record).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant's records be corrected to show award of the Combat Infantryman Badge.

2.  Counsel states, in effect, that within weeks of arriving in Vietnam the applicant and fellow Soldiers patrolled and provided perimeter protection for their base camp, and were shelled by the enemy forces on a number of occasions in An Khe Base Camp.  

3.  Counsel further states that the American Legion rests assured that the final decision of Army Board for Correction of Military Records (ABCMR) will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by Title 10, U. S. Code, section 1552, and as set forth in 32 Code of Federal Regulations, section 581.3.

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 Regular Army on 5 June 1964 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 111.00 (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam with C Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division on or about 16 September 1965 where he performed duties as a light weapons infantryman.  He was reassigned to A Company, 5th Aviation 
Battalion, 5th Infantry, 1st Cavalry Division on or about 20 October 1965 where he performed duties as a door gunner.

4.  On 3 July 1966, the applicant was awarded MOS 94B (Cook).  He departed Vietnam on or about 19 August 1966 after being credited with participating in three campaigns.  On 28 July 1967, the applicant was honorably released from active duty after completing 3 years of creditable active service with 54 days of lost time.  

5.  The applicant's DD Form 214 with the ending period 28 July 1967 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Aircraft Crewman Badge, and the Air Medal (6th Oak Leaf Cluster).

6.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the Combat Infantryman Badge 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.  There are basically three requirements for award of the Combat Infantryman Badge.  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.

8.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded an infantry MOS and that he served in an infantryman position with C Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division before being reassigned to an aviation unit. However, he held the position for such a short period of time (September 1965 through October 1965) that there is insufficient evidence to show he met all the criteria required for award of the Combat Infantryman Badge.  In addition, counsel noted that the applicant and fellow Soldiers patrolled and provided perimeter protection for their base camp and were shelled by the enemy forces on a number of occasions in An Khe Base Camp.  Therefore, it appears he did not serve in active ground combat.

2.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant's DD Form 214 should be amended to add this award.

3.  The applicant’s participation in three campaigns entitles him to three bronze service stars to be worn on his Vietnam Service Medal.

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

__KAN __  __RML  _  ___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.

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 to add award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 
and three bronze service stars to be worn on his already-awarded Vietnam Service Medal to his DD Form 214.




__Kathleen A. Newman_
          CHAIRPERSON




INDEX

CASE ID
AR20070006268
SUFFIX

RECON

DATE BOARDED
6 DECEMBER 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
107.0111.0000
2.

3.

4.

5.

6.