RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 November 2007
	DOCKET NUMBER:  AR20070008040 


	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. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Carmen Duncan

Member

Mr. Qawiy A. Sabree

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 award of the Combat Infantryman Badge.

2.  The applicant states that he believes that his unit was awarded the Combat Infantryman Badge for combat service in Vietnam.  He states that his DD Form 214 does not show that he received the Combat Infantryman Badge.

3.  The applicant provides in support of his application, a copy of his Report of Transfer or Discharge (DD Form 214); and an undated letter to him from an individual known as "Doc".

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 27 November 1968, the applicant was inducted into the Army in Selma, Alabama, and he successfully completed his training as an indirect fire crewman. He was transferred to Vietnam on 19 April 1969 and he was assigned to Company B, 2nd Battalion, 35th Infantry Regiment, 4th Infantry Division.

3.  The applicant's Enlisted Qualification Record shows that while in the Army, he was awarded the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and two Overseas Service Bars.

4.  The applicant returned to the Continental United States on 13 April 1970.  On 25 November 1970, he was honorably released from active duty (REFRAD) at the expiration of his term of service and he was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).

5.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal w/three Bronze Service Stars, and the Republic of Vietnam Campaign Medal w/Device 1960.  However, his DD Form 214 fails to show that he was awarded the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars and two Overseas Service Bars.

6.  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.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document show the unit to which the applicant was assigned was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation for the period 1 August 1967 to 31 October 1969 by Department of the Army General Order (DAGO) Number 53, dated 1970; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation for the period 1 August 1967 to 28 July 1969 by DAGO Number 38, dated 1970 (amended DAGO Number 3, dated 1970), and for the period 29 July 1969 to 17 November 1970 by DAGO Number 52, dated 1971.

8.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  This precludes wear of the Vietnamese Fourragere, which represents additional unit awards of the Republic of Vietnam Gallantry Cross.  Although wear of multiple awards of the unit citation is not authorized, official military personnel and historical records will indicate all awards received.  In those instances, however, where a single unit receives duplicate Vietnamese unit awards during the same period, only one unit citation will be recorded in the official military personnel and historical records.





DISCUSSION AND CONCLUSIONS:

1.  A review of the available records fails to show that the applicant is entitled to the Combat Infantryman Badge.

2.  Although the applicant was assigned to an infantry unit and held the appropriate MOS to be awarded the Combat Infantryman Badge during the Vietnam era, there is no evidence in the available record, nor has the applicant submitted any evidence to show that he was ever engaged in ground combat while he was in Vietnam.

3.  In accordance with Army Regulation 600-8-22, the individuals must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size to be awarded the Combat Infantryman Badge and the applicant has provided no evidence that he met this criteria.  Therefore, he is not entitled to this decoration.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

5.  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

__QAS__  __CD     _  __LDS___  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 that he was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars; and two Overseas Service Bars. 



___Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20070008040
SUFFIX

RECON

DATE BOARDED
20071114
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS & DECORATIONS
2.  157
107.0111/CIB
3.

4.

5.

6.