RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070007388 


	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. John Slone

Chairperson

Mr. John T. Meixell

Member

Mr. David W. Tucker

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 (CIB) and, in effect, all other medals earned in the Republic of Vietnam. 

2.  The applicant states that during the week of 14 November 1965, he arrived at Landing Zone (LZ) Columbus in the Republic of Vietnam to reinforce troops already there.  Within 30 to 40 minutes of arrival at the LZ, a fire fight broke out and the troops were fighting for their lives.  The applicant concludes that he was not aware of the CIB until recently when a former member of his unit in the Republic of Vietnam was awarded one. 

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); an undated self-authored statement; and three witness statements dated 28 December 2005, 27 March 2007, and 10 April 2007, respectively, addressed to the Veterans Administration (VA), attesting to the applicant's entitlement to award of the CIB, in support of his application. 

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 records show that he was inducted into the Army of the United States on 27 November 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire).  The highest rank he attained while on active duty was private first class/E-3.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 27 November 1965.

3.  The applicant's records further show that he served in the Republic of Vietnam during the period 17 August 1965 through 15 November 1965.  He was assigned to Company B, 2nd Battalion, 12th Cavalry, 1st Cavalry Division.

4.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 11C on 5 January 1965.  Item 38 (Record of Assignments) of his DA Form 20 shows he served in MOS 11C when he was assigned to Company B, 2nd Battalion, 12th Cavalry, 1st Cavalry Division, in the Republic of Vietnam.

5.  Item 26 (Decorations, 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.  Item 26 does not show award of the CIB.

6.  Headquarters, 1st Cavalry Division, Special Orders Number 124, dated
2 November 1965, show that the applicant was awarded the Combat Infantryman Badge.

7.  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 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 

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

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of this form shows that the applicant's received ratings of "Excellent" throughout his first enlistment.  There is no derogatory information in his records that would disqualify him for the first award of the Good Conduct Medal.

12.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

13.  Army Regulation 672-5-1 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974, inclusive.  This regulation also provides that to signify a second award of the National Defense Service Medal a bronze service star will be worn on the service ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Combat Infantryman Badge and other medals for his service in the Republic of Vietnam was carefully considered and found to have merit.

2.  Orders show that the applicant was awarded the Combat Infantryman Badge on 2 November 1965.  Therefore, he is entitled to correction of his records to show this award.

3.  Orders show that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence of record confirms that the applicant served honorably during the period 27 November 1963 through 27 November 1965.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

5.  Evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

___js___  __jtm___  __dwt___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Good Conduct Medal, and the National Defense Service Medal. 




						John Slone
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070007388
SUFFIX

RECON

DATE BOARDED
20071018
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.