RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 November 2007
	DOCKET NUMBER:  AR20070008582 


	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. Loretta D. Gulley

Analyst


The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Mr. Jose A. Martinez

Member

Mr. Chester A. Damian

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 (CIB).

2.  The applicant states, in effect, that he was in combat with the 11th Armored Calvary Division while in the Republic of Vietnam (RVN). 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted into the Army of the United States on 17 October 1967.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest grade held was Sergeant (E-5).

3.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that the applicant served the Republic of Korea from 22 May 1965 to 22 May 1966 to the 3rd Battalion, 2nd Infantry Division, performing duties in MOS 11C (Gunner).

4.  The applicant's DA Form 20 also shows that he served in the RVN from
18 October 1966 through 17 October 1967 and that during his RVN tour he was assigned to the 3rd Squadron, 11th Armored Calvary Regiment, performing duties in MOS 11E (Armor Crewman), 11C (Mortar Gunner), and 11B.  

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards during his active duty tenure:  the National 
Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), the Good Conduct Medal (GCM), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  On 17 October 1967, the applicant was honorably released from active duty and transferred to the United Stated Army Reserve (USAR) (Reinforcement) after completing a total of 2 years, 11 months, and 14 days of active military service.

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.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  General Orders Number 4959, Headquarters, 9th Infantry Division, dated 
24 September 1967, show that the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 15 January 1967 to 24 September 1967.

10.  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, U.S. Military Assistance Command, Vietnam, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

11.  Army Regulation 600-8-22, paragraph 2-13 provides guidance on the Vietnam Service Medal.  It states, in pertinent part, that one bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN. 


12.  Appendix B ,Table B-1 of the same regulation contains a list of RVN campaigns and it shows that during his tenure of assignment, the applicant was credited with participating in the Vietnam Counteroffensive, Phase II campaign and the Vietnam Counteroffensive Phase III campaign.  

13.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

14.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows:  

	(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles; and

	(2)  all air spaces above the land and water area.

The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

	(1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility; 
	
	(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

	(3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 
Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the CIB.  

2.  There is no evidence of record nor has the applicant submitted any evidence that shows he was awarded the CIB. 

3.  There is evidence of record that shows the applicant served in an infantry MOS; however, the applicant's records are absent evidence that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size and the applicant has failed to provide any such evidence in support of his claim.  Therefore, he is not entitled to award of the CIB.

4.  General Orders show that the applicant was awarded the Bronze Star Medal. Therefore, he is entitled to correction of his records to show this award.  

5.  General Orders show that the unit which the applicant was assigned to was awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this award.  

6.  Records show the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his record to show award of two bronze service stars affixed to his already-awarded VSM.

7.  Records show the applicant was assigned to the RVN from 18 October 1966 to 16 October 1967.  Therefore, he is entitled to correction of his record to show award of two Overseas Service Bars.

8.  Records show that the applicant was assigned to the Republic of Korea from 22 May 1965 to 22 May 1966.  Therefore, he is entitled to award of the KDSM.  

9.  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

__BJE___  __JAM __  ___CAD_   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 the Bronze Star Medal, the KDSM, the RVN Gallantry Cross with Palm Unit Citation, two Overseas Service Bars, and two bronze service stars to be affixed to his already-awarded VSM.




	_____ Barbara J. Ellis_____
          		CHAIRPERSON


INDEX

CASE ID
AR20070008582
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/11/08
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH NOTE
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.

2.

3.

4.

5.

6.