RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  6 December 2007
	DOCKET NUMBER:  AR20070009125 


	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. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Ms. Kathleen Newman

Chairperson

Ms. Rose Lys

Member

Mr. Edward Montgomery

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 earned the CIB for his combat actions in the Republic of Vietnam while assigned to Company C, 2nd Battalion, 27th Infantry, 25th Infantry Division, during the period January 1970 to June 1970.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation effective date of 31 December 1981, the date he transferred to the United States Army Reserve Control Group (Retired).

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 enlisted in the United States Army on 30 June 1959.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Cannon Crewman).  He was honorably discharged from the Regular Army on 19 September 1968 and immediately accepted an appointment as a reserve commissioned officer of the Army on 20 September 1968.  He served three years as a commissioned officer in MOS 11B (Infantryman).  He was honorably discharged on 19 September 1971 and immediately enlisted in the Regular Army on 20 September 1971.  He served continuously until his honorable retirement on 31 December 1981.  The highest grade the applicant attained while serving on active duty was captain in the Army of the United States/pay grade O-3.

3.  The applicant's records further show that he served in the Republic of Vietnam during the period 3 September 1966 to 30 August 1967 as an enlisted Soldier in the MOS 13B (Cannon Crewman).  Records show he served a second tour in the Republic of Vietnam from 12 January 1970 to 17 December 1970.  While in the Republic of Vietnam, he was assigned as:

	a.  an enlisted cannon crewman in MOS 13B with Battery A, 2nd Battalion, 13th Artillery, 23rd Artillery Group, during the period January 1967 to August 1967; and 

	b.  an infantry officer in MOS 11B with Headquarters and Headquarters Company (HHC) and Band, 25th Infantry Division Support Command (DISCOM), 25th Infantry Division, during the period January 1970 to November 1970. 

4.  The applicant's DD Form 214 does not show award of the Combat Infantryman Badge.  There are no orders 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, warrant officers and enlisted Soldiers who have an infantry military occupational specialty (MOS). The three requirements for award of the Combat Infantryman Badge are the Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army Soldier must have satisfactorily performed infantry duties while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry unit, while the unit is actively engaged in ground combat with the enemy.

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

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while the applicant was assigned to Headquarters and Headquarters Company and Band, 25th Infantry Division Support Command, in the Republic of Vietnam, this unit was awarded the Meritorious Unit Commendation for the period 1 January 1970 to 30 September 1970 based on Department of the Army General Order (DAGO) Number 50, dated 1971.  This unit was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class for the period April 1966 to 21 January 1970 based on DAGO 51, dated 1971.

8.  Army Regulation 600-8-22, in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations engaged in combat operations.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the CIB.  There are no general orders and there is no evidence in the applicant's service records that show he was awarded the CIB.  The applicant was assigned to an infantry company; however, there is no substantiating evidence he was actively engaged in ground combat with enemy forces.  Therefore, based on a lack of evidence and substantiating documents, the applicant is not entitled to award of the CIB.

2.  Based on the applicant's service with Headquarters and Headquarters Company and Band, 25th Infantry Division Support Command, he is entitled to award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

3.  Evidence shows that the applicant’s records contain administrative errors, which do 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

__KN ___  __RL____  __EM___  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 errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by amending his DD Form 214 to show award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

____Kathleen Newman______
          CHAIRPERSON




INDEX

CASE ID
AR20070009125
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071206
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.

3.

4.

5.

6.