RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 January 2008
	DOCKET NUMBER:  AR20070011105 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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 Vietnam Service Medal and the Combat Infantryman Badge.

2.  The applicant states no orders were issued for the requested awards because he was extended and retained at the convenience of the Government.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the Untied 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 was inducted into the Army on 6 April 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam on 14 February 1968 with his unit, Headquarters and Headquarters Company, 2d Battalion, 505th Infantry.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a scout driver. 

4.  The applicant departed Vietnam on or about 30 March 1968 after receiving credit for participation in one campaign. 

5.  The applicant was retained in service for 7 days because his records had been misplaced in Vietnam.  He was honorably released from active duty in the rank and grade of Specialist Four, E-4, on 12 April 1968 after completing 2 years and 7 days of creditable active service with no time lost.  His DD Form 214 shows he was awarded the Parachutist Badge and the National Defense Service Medal.
6.  The applicant’s records contain no derogatory information.  His DA Form      20 shows his conduct and efficiency were rated as “excellent” throughout his service.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

8.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  

9.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and who actively participates in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.

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 that, at the time of the applicant's assignment to the 2d Battalion, 505th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March 1968 through 4 October 1968 by Department of the Army General Orders Number 48, dated 1971.

11.  Department of the Army General Orders Number 8, 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters,        U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant met the eligibility criteria for award of the Vietnam Service Medal with one bronze service star.  This award should be added to his DD Form 214.

2.  There is no evidence of record to show the applicant was awarded the Combat Infantryman Badge.  He was assigned to Vietnam for about 45 days and performed duties as a scout driver.  There is insufficient evidence to show he satisfactorily performed infantry duties while actively participating in active ground combat.  Therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.

3.  The applicant was honorably released from active duty, in the rank and grade of Specialist Four, E-4, after completing over 2 years of creditable active service with no lost time.  His records contain no derogatory information and his conduct and efficiency were rated as “excellent” throughout his service.  Therefore, it appears he met the eligibility criteria for award of the Army Good Conduct Medal.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Later, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These two unit awards should be added to his DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__fcj___  __lmd___  __mjf___  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:

     a.  awarding him the first award of the Army Good Conduct Medal for the period 6 April 1966 through 12 April 1968; and

     b.  adding the Army Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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 the Combat Infantryman Badge.




	___Frank C. Jones_____
          		CHAIRPERSON




INDEX

CASE ID
AR20070011105
SUFFIX

RECON

DATE BOARDED
20080108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.04
2.
107.0111
3.

4.

5.

6.