RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 September 2007
	DOCKET NUMBER:  AR20070006691 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jerome L. Pionk

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 that his records be corrected to show the award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he served with an Infantry Company in Vietnam and was constantly in combat under small arms fire.

3.  The applicant provides a copy of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 service records show that he entered active duty on 
10 November 1968.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served as an 11B (Assistant Gunner) with Company A, 1st Battalion,  
2nd Infantry, 1st Infantry Division in the Republic of Vietnam during the period  
5 November 1968 to 24 October 1969.

4.  On 4 June 1969, the applicant was honorably discharged from active duty and immediately reenlisted on 5 June 1969 for three years.  He received a General Discharge under honorable conditions on 13 January 1972.  He had completed 
3 years, 7 months, and 17 days of active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the award of the National Defense Service Medal; Expert (Rifle M-14); Expert (Rifle M-16); 1st Class (M-60 MG); Vietnam Service Medal; Vietnam Campaign Medal with Device 1960; 2 Overseas Service Bars; and Good Conduct Medal.  However, it does not show the award of the CIB.

6.  There are no orders in the applicant's records awarding him the CIB.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty.  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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  The applicant's records show that he is entitled to additional awards, which are not shown on his DD Form 214.

9.  He was awarded the Vietnam Service Medal; however, his DD Form  
214 does not show any bronze service stars indicating campaign credit.

10.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968); Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969); TET 
69 Counteroffensive (23 February 1969 to 8 June 1969); and Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during the Vietnam War.  This document shows the unit, to which the applicant was assigned, Company A, 1st Battalion, 2nd Infantry, 1st Infantry Division was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 21, dated 1969, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Order Number 53, dated 1970, and Valorous Unit Award based on Department of the Army General Order Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction to his records to show the award of the CIB.

2.  The applicant's military service records show that he was an Assistant Gunner while he was assigned to Company A, 1st Battalion, 2nd Infantry, 1st Infantry Division in the Republic of Vietnam.  Although he states that he was constantly in combat under small arms fire, there is no evidence that he engaged in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Therefore, he is not entitled to correction of his records to show the CIB.

3.  Orders show that Company A, 1st Battalion, 2nd Infantry, 1st Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation while the applicant was assigned to the unit.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

4.  Orders show that the applicant is entitled to the Valorous Unit Award.  Therefore, he is entitled to correction of his records to show this unit award.

5.  Records show he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.

6.  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

___lmd___  ____wdp  ____jlp___  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, Valorous Unit Award, and four bronze service stars to be affixed to his Vietnam Service Medal. 

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




_________William D. Powers_______
          CHAIRPERSON




INDEX

CASE ID
AR20070006691
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070925
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.