RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 December 2007
	DOCKET NUMBER:  AR20070010327 


	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. Rene’ R. Parker 

Analyst

The following members, a quorum, were present:


Mr. Jeffrey Redmann

Chairperson

Mr. John Heck

Member

Mr. Qawly 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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, while in Vietnam, he served with 2nd Battalion, 2nd Infantry, 1st Infantry Division from May 1968 to February 1969.  He maintains that he served in combat on several occasions and was awarded the Bronze Star Medal (BSM).   

3.  The applicant provides a copy of his BSM with general orders and information from the website on the award of the CIB.

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 Army on 20 November 1967 for a period of three years.  After completion of basic and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 8 May 1968 to 11 December 1969.  He was first assigned to Company B, 2nd Battalion (Mechanized), 2nd Infantry, 1st Infantry Division and later to 1st Logistics Command, Security Platoon.  The applicant was honorably discharged on 19 November 1970.

3.  General Orders Number 2232 dated 31 March 1969, shows that the applicant was awarded the BSM with “V” device for heroism on 8 January 1969.  The order stated that the applicant “disregarded his personal welfare and aggressively assaulted the enemy bunkers, killing another of the insurgents.”   This order shows that the applicant was assigned to Company B, 2nd Battalion (Mechanized) 2nd Infantry.


4.  Army Regulation 600-8-22 provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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 U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, 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.  

5.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

6.  The applicant's DD Form 214 does not list awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  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 that the 2nd Battalion, 2nd Infantry, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 2, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1971. 

8.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in six campaigns during tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is worn instead of five bronze service stars.  The applicant's DD Form 214 shows award of the Vietnam Service Medal.  His records also indicate that he participated in Vietnam Counteroffensive Phase IV; Vietnam Counteroffensive Phase V; Vietnam Counteroffensive Phase VI; Tet 69 Counteroffensive, 1969; Vietnam Summer-Fall 69; and Vietnam Winter-Spring 1970, but no bronze service stars are listed.  

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant's MOS was 11B and he served in active ground combat, as verified by his award of the BSM with “V” device.  He was also assigned to an infantry battalion.  Therefore, he met all the requirements and is entitled to award of the CIB.  
2.  Evidence of record shows that the applicant is entitled to 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.  The evidence also shows that the applicant participated in six campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show award of one silver and one bronze service star to be worn on his already-awarded Vietnam Service Medal.

BOARD VOTE:

___JR___  ___JH___  ___QS__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to amend his DD Form 214 by:

awarding him the CIB; and

b.  showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and one silver and one bronze service star to be worn on his already-awarded Vietnam Service Medal.




	_____Jeffrey Redmann  _____
          		CHAIRPERSON




INDEX

CASE ID
AR20070010327
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071213
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.77
2.

3.

4.

5.

6.