RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 December 2007
	DOCKET NUMBER:  AR20070010024 


	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.

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	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, in effect, that he be awarded the Combat Infantryman Badge.

2.  The applicant remained silent in his application and provided no statement in support of his request.

3.  The applicant submitted no additional documents in support of his 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 enlisted in the Marine Corps, for four years, on 21 September 1966.  He was honorably discharged, on 19 March 1970, in the rank and pay grade Corporal, E-4.  While in the Marine Corps, he served 1 year and 24 days foreign service.  The DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, he was issued on his release from active duty in the Marine Corps shows he was awarded the National Defense Service Medal; the Vietnam Service Medal, with two bronze service stars; and the Republic of Vietnam Campaign Medal, with Device (-60).  The period of his service in Vietnam is not shown on the DD Form 214 he was issued.  No other awards are shown on his DD Form 214.

3.  The evidence shows the applicant enlisted in the Regular Army on 12 November 1970.  On completion of his basic and advanced training, he was awarded the MOS (military occupational specialty) 71B, Clerk Typist.  The applicant was honorably discharged, on 11 September 1973, in the rank and pay grade, Specialist Five, E-5, for the purpose of immediate reenlistment.  During the period of this enlistment, the applicant served in the Republic of Vietnam.

4.  The applicant served in Vietnam from 3 December 1971 through 5 November 1972, with the US Army Training Advisory Group, Military Assistance Command, Vietnam (US MACV).

5.  On 2 November 1972, the applicant was promoted to the rank and pay grade, Specialist Five, E-5, by Special Orders Number 246, prepared by the 527th Personnel Service Company.  He was promoted in the military occupational specialty (MOS) 11B.  Prior to his promotion, he held the primary MOS 71B.  On promotion, he retained the MOS 71B as his primary and was awarded 11B (Light Weapons Infantryman) as his secondary MOS.

6.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the DD Form 214 the applicant was issued on his discharge, shows only the National Defense Service Medal.  The Vietnam Service Medal is not shown on this DD Form 214.

7.  While in Vietnam, during his Army service, the applicant participated in the following two campaigns:  the Consolidation II, which extended from 1 December 1971 through 29 March 1972; and the Vietnam Cease-Fire, which extended from 30 March 1972 through 28 January 1973.

8.  Item 38 (Record of Assignments), of the applicant's DA Form 20, Enlisted Qualification Record, show the applicant performed duties in the MOS 71B, and had the primary duty title of Clerk Typist.

9.  The applicant reenlisted in the Regular Army on 12 September 1973.

10.  On 3 October 1975, while at Headquarters, US Army Infantry Center, Fort Benning, Georgia, the applicant was reclassified.  He was awarded the MOS 11B as his primary MOS and his former primary MOS 71B was awarded as his secondary MOS.

11.  The applicant was honorably discharged on 11 September 1979 in the rank and pay grade, Sergeant, E-5.

12.  Item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the DD Form 214 the applicant was issued on his discharge, shows he received the National Defense Service Medal; the Vietnam Service Medal with two bronze service stars; the Republic of 

Vietnam Campaign Medal; the Republic of Vietnam Gallantry Cross, with Palm Unit Citation; the Good Conduct Medal (Third Award); the Army Commendation Medal; the Parachutist Badge; and the Expert Marksmanship Qualification Badge, with Rifle Bar.  No other awards are shown.

13.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, Enlisted Qualification Record, showing he was awarded the Combat Infantryman Badge.

14.  There are no orders in the applicant's military personnel records awarding him the Combat Infantryman Badge.

15.  The applicant's DD Form 214, with an effective date of his release from active duty of 19 March 1970 from the Marine Corps, shows entitlement to the Vietnam Service Medal, with two bronze service stars; however, when the applicant's last issued DD Form 214, dated 11 September 1979, was prepared, these two bronze service stars were overlooked and were not taken into account. 

16.  Item 27 (Remarks), of the applicant's DD Form 214, with an effective date of 11 September 1979, shows the applicant's last country of overseas assignment was Korea.  He served there from 27 May 1978 through 14 August 1979.

17.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.  The regulation further provides that one silver service star will be worn in lieu of five bronze service stars.

18.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry 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 Total Army Personnel Command [now the Human Resources 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.

19.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions and the criteria for award of the Korea 

Defense Service Medal.  This message provides for award of the Korea Defense Service Medal to Soldiers as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

20.  The implementing message for award of the Korea Defense Service Medal authorized its award to a who Soldier met one or more of the following criteria:  a)  be engaged in actual combat during an armed engagement, regardless of the time in the area of eligibility;  b) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility;  c) participated in, as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in support of military operations; or  d) served in operations and exercises conducted in the area of eligibility as long as the basic time criteria was met.  The message further provided that, because of the extensive time period for eligibility for award of the Korea Defense Service Medal, the non-consecutive service period for eligibility remains cumulative throughout the entire period.

21.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

2.  While he served in Vietnam during his Army service, the applicant held and performed the duties of a 71B, clerk typist.  He was awarded the MOS 11B, as a secondary MOS, on 2 November 1972, with an effective date of 1 October 1972. MOS award orders were published three days before he departed Vietnam. There is no evidence the applicant was assigned or attached to an infantry unit of brigade, regimental, or smaller size, while he served in Vietnam and that he served in active ground combat while assigned or attached to such an infantry unit.

3.  While he served in Vietnam, the applicant did not receive any awards for valor or achievement that would give an indication he was exposed to active ground combat against the enemy.

4.  Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

5.  The applicant served in two campaigns while he served in Vietnam as a member of the Marine Corps.  The DD Form 214 he was issued by the Marine Corps on his release from active duty shown he was awarded the Vietnam Service Medal, with two bronze service stars.  During his Army service in Vietnam, the applicant participated in two campaigns and earned two additional bronze service stars.  He is therefore entitled to award of two additional bronze service stars and to have these service stars added to his DD Form 214 in conjunction with his Vietnam Service Medal.

6.  The evidence shows the applicant served in the Republic of Korea during the qualifying period and met the criteria for award of the Korea Defense Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214.

7.  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

__x___  __x___  __x_  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 by awarding the applicant the Korea Defense Service Medal and by awarding the applicant two additional bronze service stars, for a total of four bronze service stars, to be affixed to his Vietnam Service Medal and by adding these service stars to his DD Form 214.




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          CHAIRPERSON



INDEX

CASE ID
AR20070010024
SUFFIX

RECON

DATE BOARDED
20071211
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY with NOTE
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
107.0111
3.

4.

5.

6.