RECORD OF PROCEEDINGS


	IN THE CASE OF:       


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070008133 


	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:


Mr. John N. 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, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Infantryman Badge.  He further requests that he be issued the Vietnam Service Medal and the Combat Infantryman Badge.

2.  The applicant states that he never received these awards.  He also provides a statement detailing an attack on his convoy where several Soldiers were killed by the enemy. 

3.  The applicant provides a copy of his DD Form 214.

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 12 June 1965, the applicant was appointed a second lieutenant, Signal Corps, in the United States Army Reserve (USAR).  On 9 August 1965, he was ordered to active duty.  He completed the Signal Officer Basic Course and the Radio Officer Course.

3.  On 4 March 1966, the applicant was assigned for duty as Detachment Commander of the 506th Signal Detachment, in the Republic of Vietnam.  He served in this position until his return to the United States on 22 February 1967 for duty at Fort Monmouth, New Jersey.  

4.  On 8 August 1968, the applicant was relieved from active duty and transferred to the USAR Control Group (Annual Training).  He had attained the rank of first lieutenant, pay grade O-2, and had completed 2 years of creditable active duty.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Bronze Star Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.  It does not show the Combat Infantryman Badge or any marksmanship qualification badges. 

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.  

7.  Item 21 (Awards and Decorations) of the applicant’s Officer Qualification Record (DA Form 66) shows that he was awarded the Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  It further shows that only the Bronze Star Medal was actually issued to him.

8.  Item 23 (Qualification in Arms) of the applicant’s DA Form 66, shows that he qualified as a marksman with the M14 rifle on 25 August 1965.

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

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 following two campaign periods: the Vietnam Counteroffensive and the Vietnam Counteroffensive, Phase II.  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 in the Republic of Vietnam.  This publication shows that the 506th Signal Detachment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 42, dated 1969, for award of the Meritorious Unit Commendation. 

12.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was a Signal Corps officer assigned to a Signal Corps unit while in the Republic of Vietnam.  Therefore, he did not qualify for award of the Combat Infantryman Badge.

2.  The evidence of record clearly shows that the applicant was awarded, but not issued, the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  Therefore, these awards should now be issued to him.

3.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

5.  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 two bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant qualified as a marksman with his rifle.  Therefore, his DD Form 214 should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JNS __  __JTM___  __DWT _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Meritorious Unit Commendation, two bronze service stars to be affixed to his Vietnam Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

2.  The Board also recommends that the applicant be issued the already awarded National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal. 

3.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award and issuance of the Combat Infantryman Badge.  





__        John N. Slone________
          CHAIRPERSON




INDEX

CASE ID
AR20070008133
SUFFIX

RECON
 
DATE BOARDED
20071018 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.

3.

4.

5.

6.