RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 November 2007
	DOCKET NUMBER:  AR20070008431 


	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. Rial D. Coleman

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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Combat Infantryman Badge.

2.  The applicant states, in effect that he was eligible for the award because he held an infantry military occupational specialty while assigned to an infantry unit while stationed in the Republic of Vietnam.  He contends that he was denied award of the Combat Infantryman Badge as the result of a bureaucratic oversight.

3.  The applicant provides a copy of his DD Form 214 as documentary evidence in support of this application.

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 that he was inducted into the Army of the United States on 10 April 1968.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 11B (Rifleman).  The highest rank he attained while serving on active duty was sergeant/pay grade E-5.  The applicant served a tour of duty in the Republic of Vietnam during the period of 
17 March 1969 through 24 December 1969.

3.  The applicant's record shows that he served as an Infantry Team Leader in Company C, 1st Battalion of the 35th Infantry Regiment during his tour of duty in the Republic of Vietnam.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Infantryman Badge.  There are no indications in the applicant's service personnel records which show that he was awarded the Combat Infantryman Badge.

5.  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.

6.  Review of the applicant's record reveals no indication that he personally served in active ground combat during his tour of duty in the Republic of Vietnam.

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

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.

9.  Army Regulation 600-8-200 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.

10.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam, the 1st Battalion of the 35th Infantry Regiment, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period of 
1 August 1967 through 31 October 1969 by Department of the Army General Orders Number 53, dated 1970.


11.  Department of the Army Pamphlet 672-3 also shows the unit the applicant was assigned to while serving in the Republic of Vietnam, the 1st Battalion of the 35th Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period of 1 August 1967 through 28 July 1969 by Department of the Army General Orders Number 38, dated 1970.

12.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam, the 1st Battalion of the 35th Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period of 29 July 1969 through 10 April 1970 by Department of the Army General Orders Number 52, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he was awarded the Combat Infantryman Badge was carefully considered and determined to be without merit.

2.  The applicant's record contains no indication that he personally served in active ground combat during his tour of duty in the Republic of Vietnam and he has provided no documentary evidence to the contrary.

3.  General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

4.  General Orders show the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

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

__LDS __  __CD ___  __QAS__  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 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. 





_____Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.