RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 November 2007
	DOCKET NUMBER:  AR20070007724 


	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:


Mr. Kenneth L. Wright 

Chairperson

Ms. LaVerne Douglas

Member

Mr. Michael J. Flynn

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 did not receive his award of the Combat Infantryman Badge.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 record shows he enlisted in the Regular Army on 30 January 1970.  He successfully completed basic combat training at Fort Dix, New Jersey, and advanced individual training at Fort Lewis, Washington.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.  

3.  The applicant was promoted to pay grade E-3 on 25 July 1970.  He served in Vietnam from 18 July 1970 to 19 October 1971, for a total of 10 months and 17 days.  He served until he was discharged under honorable conditions on 8 September 1971, under the provisions of Army Regulation 635-212, for unsuitability. 

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and one Overseas Service Bar.  His DD Form 214 does not show any additional awards.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he    served as an automatic rifleman, in MOS 11B10, with Company B, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade, in Vietnam.  He also served with Company B, and HHC (Headquarters and Headquarters Company), 3rd Battalion, (Airmobile [Ambl]), 187th Infantry Regiment, as a radio teletype operator, in MOS 11B.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge. 

6.  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.

7.  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.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of 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 Republic of Vietnam Campaign Medal with "1960" Device.

9.  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, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 51, dated 1971, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served as an automatic rifleman in MOS 11B10, with Company B, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade and as a radio teletype operator with Company B and HHC, 3rd Battalion (Ambl), 187th Infantry Regiment, in MOS 11B, while serving in Vietnam.  There is no evidence, and the applicant has provided none, to show that he served in active ground combat or to show that he personally came under fire while serving in Vietnam.  Therefore, there is insufficient evidence to support an award of the Combat Infantryman Badge to him.  He is not entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

2.  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.

3.  The evidence shows that the applicant completed 10 months and 17 days of qualifying service in Vietnam for award of the Republic of Vietnam Campaign Medal, with "1960" Device.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant's unit was cited 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, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

5.  Evidence shows that the FSM's records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the FSM'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

__KLW__  __MJF___  _LD____  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 FSM's records should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by awarding the applicant the Vietnam Service Medal, with three bronze service stars; the Republic of Vietnam Campaign Medal, with "1960" Device; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, to the applicant and to add these awards to his DD Form 214.




______Kenneth L. Wright______
          CHAIRPERSON




INDEX

CASE ID
AR20070007724
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071106
TYPE OF DISCHARGE
GD
DATE OF DISCHARGE
19710908
DISCHARGE AUTHORITY
AR 635-212
DISCHARGE REASON

BOARD DECISION
DENY//GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.