RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 October 2007
	DOCKET NUMBER:  AR20070008506 


	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

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 award of the Combat Infantryman Badge and any other decorations to which he may be entitled as a result of his service in Vietnam.

2.  The applicant states that he believes that the omission of the Combat Infantryman Badge from his record was merely an oversight and that he would like his military records corrected to reflect his service awards.

3.  The applicant provides in support of his application, a copy of his Report of Transfer or Discharge (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.  The applicant was inducted into the Army in Newark, New Jersey, on 10 December 1965.  He successfully completed his training as an Infantry Indirect Fire Infantryman (11C1O).  He was transferred to Vietnam effective
15 September 1966 and he was assigned to Company C, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division.

3.  While in Vietnam, the applicant participated in the Vietnam Counteroffensive, Phase II Campaign, which extended from 1 July 1966 through 31 May 1967; and the Vietnam Counteroffensive, Phase III Campaign, which extended from 1 June 1967 through 29 January 1968.

4.  The applicant returned to the Continental United States on 12 September 1967.  


5.  On 13 September 1967, the applicant was honorably released from active duty (REFRAD) and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  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, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he earned two Overseas Service Bars as a result of his service in Vietnam.  However, these decorations were never included on his DD Form 214.

7.  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.

8.  Appendix B of Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign in which the applicant served.

9.  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 shows the unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to July 1969 1970 by Department of the Army General Order (DAGO) Number 3, dated 1970; the Presidential Unit Citation for the period 18 May 1967 to 26 May 1967 by DAGO Number 69, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant’s records do show that he was in Vietnam serving in an indirect fire infantryman (11C1O) MOS, his records fail to show that while in Vietnam, he was engaged in active ground combat.  Therefore, it appears that he is not entitled to award of the Combat Infantryman Badge.
2.  However, the applicant's DA Form 20 shows that he earned two Overseas Service Bars based on his service in Vietnam.  Therefore, it would be appropriate to include these decorations on his DD Form 214.

3.  The applicant participated in two campaigns while he was in Vietnam.  He participated in the Vietnam Counteroffensive, Phase II Campaign and the Vietnam Counteroffensive, Phase III Campaign.  In accordance with the applicable regulation he is entitled to two Bronze Service Stars for wear on his already-awarded Vietnam Service Medal.  As a result, his DD Form 214 should be amended to include these decorations.

4.  The unit to which the applicant was assigned was cited in orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Presidential Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Consequently, these decorations should also be included on his DD Form 214.

5.  In view of the foregoing, it would now be appropriate to amend the applicant's records as recommended below.

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 amending his DD Form 214 to show that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, two Bronze Service Stars for wear on his already-awarded Vietnam Service Medal, and two Overseas Service Bars.


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 awarding him the Combat Infantryman Badge.




___Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20070008506
SUFFIX

RECON

DATE BOARDED
20071025
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

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

4.

5.

6.