RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  25 October 2007
	DOCKET NUMBER:  AR20070008271 


	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. Linda D. Simmons

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland S. Venable

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Infantryman Badge.

2.  The applicant states that he was assigned to D Troop, 17th Cavalry, 196th Infantry Division in the Republic of Vietnam and had numerous combat engagements during his tour of duty. 

3.  The applicant provides no additional documentation.

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 19 October 1970, the applicant enlisted in the Regular Army for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B2O (Light Weapons Infantryman).  

3.  Special Orders Number 055, United States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, dated 26 February 1971, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); and the Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60), Pistol (.45 Cal), and Grenade (M-79) Bars.          

4.  On 5 March 1971, the applicant was assigned for duty as a rifleman with the 1st Battalion, 13th Infantry Regiment, in the Federal Republic of Germany.

5.  On 8 March 1972, the applicant was assigned for duty as an infantryman with the 2nd Battalion, 1st Infantry Brigade, in the Republic of Vietnam. 

6.  On 12 April 1972, the applicant was assigned to D Troop, 17th Cavalry, in the Republic of Vietnam.  On 16 August 1972, the applicant was returned to the United States.

7.  On 21 August 1972, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 8 months, and 15 days of creditable active duty.

8.  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; Vietnam Service Medal; and the Republic of Vietnam Campaign Medal with "1960-" Device.  It does not show award of the Combat Infantryman Badge or any marksmanship qualification badges. 

9.  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.

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

11.  Item 38 (Record of Assignments), of the applicant's Enlisted Qualification Record (DA Form 20), shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

12.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  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 Consolidation II and the Vietnam Cease-Fire.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

14.  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 held an infantry MOS and served with an infantry unit of brigade, regimental or smaller size.  However, there is no substantiating evidence showing that he engaged in actual ground combat.  Therefore, the applicant’s request for award of the Combat Infantryman Badge should not be granted.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Special orders show that the applicant qualified as an expert with the M16 rifle.  Therefore his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar.  

4.  Special orders show the applicant qualified as a sharpshooter with the machinegun, pistol, and grenade launcher.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Machinegun, Pistol, and Grenade Bars.

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 for wear on his already-awarded Vietnam Service Medal.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LDS__  ___RSV _  _SWF___  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:

	a.  awarding him the Army Good Conduct Medal for the period from 
19 October 1970 to 21 August 1972; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal; two bronze service stars to be affixed to his already-awarded Vietnam Service Medal; Expert Marksmanship Qualification Badge with Rifle Bar; Sharpshooter Marksmanship Qualification Badge with Machinegun, Pistol, and Grenade Bars; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  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 of the Combat Infantryman Badge.




__    Linda D. Simmons_______
          CHAIRPERSON




INDEX

CASE ID
AR20070008271
SUFFIX

RECON
 
DATE BOARDED
20071025 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.