RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 November 2007
	DOCKET NUMBER:  AR20070006432 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Mr. Jose A. Martinez 

Member

Mr. Chester A. Damian

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, in effect, that he be awarded the Combat Infantryman Badge. 

2.  The applicant states, in effect, that he served in military occupational specialty (MOS) 13E (Field Artillery and Intelligence Assistant).  In 1968, he was attached to the Mike Force (5th Special Forces), in Pleiku, South Vietnam, as an Artillery Liaison.  He served as the Artillery Advisor and he received and returned fire as part of the mission. He believes he is now eligible to receive the Combat Infantryman because the rules have changed.  

3.  The applicant provides no additional documentation in support of his request.

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's military records are not available to the Board for review for the period 3 November 1966 to 17 August 1970.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he enlisted in the Regular Army on 3 November 1966. 

3.  The applicant was promoted to sergeant (SGT/E-5) on 21 November 1968.  He served in Vietnam from 2 April 1968 to 1 April 1969.  He was released from active duty on 17 August 1970 and transferred to the USAR Control Group (Reinforcement).  

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Army Commendation Medal, and the Drill Sergeant Identification Badge.  His DD Form 214 does not show any additional awards.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) is unavailable for review to verify his MOS and unit(s) of assignment in Vietnam.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge. 

6.  Item 12 (Last Duty Assignment and Major Command), of his DD Form 214, shows the entry "Company C, 11th Battalion, 4th Brigade USATCA (United States Army Training Center, 1st US Army."  Item 23a (Specialty Number & Title), of the applicant's DD Form 214, shows the entry "FA Oper & Intel Asst 13E4B" (Field Artillery Operations and Intelligence Assistant).

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry 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 Total Army Personnel Command [now the 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.

8.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

9.  U.S. Military Assistance Command, Vietnam, (MACV) Directive 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed advisor positions in MACV, which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized.  The positions listed were:  Province Senior Advisor; District Senior Advisor; Subsector Advisor; Regimental Senior Advisor; Infantry or Ranger Battalion Advisor; Senior Advisor, Mobile Advisory Team (includes assistant or deputy); Reconnaissance Company Advisor; Light Weapons Infantry Advisor; Heavy Weapons Infantry Advisor; Village/Hamlet Security Advisor; Operations/ Intelligence Advisor; Operations Advisor; Province Reconnaissance Unit Advisor; Radio/Telephone Operator; and Battalion Liaison Officer 

10.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 8, dated 1974, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size, and the applicant must have served in active ground combat while assigned or attached to this infantry unit.  There is no evidence available to show the applicant met these requirements.

2.  Therefore, there is insufficient evidence to support an award of the Combat Infantryman Badge or correction of the applicant’s records to show that he was awarded the Combat Infantryman Badge.

3.  The applicant's DD Form 214 shows that he served as a Field Artillery Operations & Intelligence Assistance, in MOS, 13E, while serving on active duty.
There is no evidence, and the applicant has provided no evidence, to show that he was attached to the Mike Force (5th Special Forces Group), in Pleiku, South Vietnam, as an Artillery Liaison in 1968.  There is no evidence to show that he was considered or recommended for the award of the Combat Infantryman Badge by his unit senior advisor, through channels, in accordance with USMACV Directive Number 672-4, for final determination.  

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to be awarded three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  Therefore, he is entitled to correction of his records to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___BJE__  __CAD__  __JAM___  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 to correct his DD Form 214 to show that he was awarded the Combat Infantryman Badge.

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 Service Medal, with three bronze service stars, and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, to the applicant and to add these awards to his DD Form 214.




_____Barbara J. Ellis______
          CHAIRPERSON




INDEX

CASE ID
AR20070006432
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071108
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700817
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.