RECORD OF PROCEEDINGS


	IN THE CASE OF:    


	BOARD DATE:	  30 October 2007
	DOCKET NUMBER:  AR20070007639 


	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 L. Engle

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Mr. Chester A. Damian

Member

Mr. Ronald D. Gant

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 military records to show award of the Combat Infantryman Badge.

2.  The applicant states that he served in the Republic of Vietnam as an infantryman but was not awarded the Combat Infantryman Badge.

3.  The applicant provides copies of daily staff journals, record of assignments, promotion orders, unit newspaper, and two letters of support.

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.  On 2 November 1967, the applicant enlisted in the Army National Guard of the United States for 6 years.  He was ordered to active duty for training from 
17 November 1967 to 16 April 1968.  He completed his initial training and was awarded military occupational specialty 11B1O (Light Weapons Infantryman).

3.  The applicant’s Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) for the period from 17 November 1967 to 16 April 1968 does not indicate that he received any awards.

4.  On 13 May 1968, the applicant was assigned for duty as an infantryman with the 1st Battalion, 299th Infantry Regiment at Schofield Barracks, Hawaii.

5.  On 24 February 1969, the applicant was ordered for duty in the Republic of Vietnam.  On 5 April 1969, he was assigned duty as an apprentice wheel vehicle repairman with the Headquarters and Headquarters Company, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.

6.  On 10 June 1969, the applicant was assigned for duty as an infantryman with Company D, 27th Infantry Regiment.  He served in this position until his return the United States on 13 September 1969.  He had served in the Republic of Vietnam for 7 months, of which 3 months were as an infantryman.

7.  On 12 December 1969, the applicant was released from active duty and transferred to the Hawaii Army National Guard. He had attained the rank of specialist four (pay grade E-4) and had completed a total of 1 year, 11 months, and 15 days of creditable active duty.   

8.  The applicant’s Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) for the period from 13 May 1968 to 12 December 1969 is not available.  He has been issued a Certification of Military Service. 

9.  Item 41 (Awards and Decorations) of the applicant’s Enlisted Qualification Record (DA Form 20) shows he was awarded the National Defense Service Medal; Good Conduct Medal, for the period ending 12 December 1969; Vietnam Service Medal; and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.   It does not show award of the Combat Infantryman Badge.

10.  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.

11.  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 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.
12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with “1960-” Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

16.  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 following two campaign periods: the Tet 69 Counteroffensive and the Vietnam Summer-Fall 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.  

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 27th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 5, dated 1973, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and was cited in DAGO Number 51, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  However, it does not sufficiently show that he ever engaged in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should not be granted. 

2.  Records show that the applicant served during a qualifying period for award of the Nation Defense Service Medal.  Therefore, his records should be corrected to show this award.

3.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of the Vietnam Service Medal with two bronze service stars.

4.  Records show the applicant qualified as a sharpshooter with his rifle.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with “1960-“Device.  Therefore, his records should be corrected to show this award.

6.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards. 

7.  Records show that the applicant was awarded the Good Conduct Medal for the period ending 12 December 1969.  Therefore, his records should be corrected to show this award.  



8.  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

__ CD___  __RDG__  __CAD __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing on his DD Form 214 that he was awarded the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Campaign medal with “1960-“Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.






___ Carmen Duncan _____
          CHAIRPERSON



INDEX

CASE ID
AR20070007639
SUFFIX

RECON

DATE BOARDED
20071030
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.