RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 December 2007
	DOCKET NUMBER:  AR20070011351 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Jeffrey Redmann

Chairperson

Mr. John Heck

Member

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

2.  The applicant states, in effect, that he was involved in fire fights and was never awarded the Combat Infantryman Badge.  His unit, Company E, 3rd Battalion, 22nd Infantry Regiment, was involved in a combat exchange with the 
enemy.  

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

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 he was inducted into the Army of the United States on 25 August 1969.  He successfully completed basic combat training at Fort Bliss, Texas, and advanced individual training at Fort Huachuca, Arizona.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 17K, Surveillance Radar Operator.  

3.  The applicant was promoted to pay grade E-4 on 10 July 1970.  He served in Vietnam from 22 January 1970 to 21 January 1971 with Company E, 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division, as a Radio Operator, in MOS 17K.  He served until he was released from active duty on 24 August 1971. He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He was honorably discharged on 1 August 1975.



4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal, with three bronze service stars; the Republic of Vietnam Campaign Medal; the Army Commendation Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar; and the Good Conduct Medal.  His DD Form 214 does not show any additional awards.

5.  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.

6.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge.  There are no orders in the applicant's service personnel records to show the applicant was reclassified or was awarded an infantry MOS or performed the duties of an infantryman.

7.  Army Regulation 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.

8.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a
bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 

9.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 5, dated 1973, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the CIB, 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 he must have served in active ground combat while assigned or attached to this infantry unit.
2.  The evidence of record shows the applicant was trained as a ground surveillance radio operator, in MOS, 17K20, and his last duty of assignment was with Company E, 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division, in Vietnam.  He states that he was involved in fire fights and never awarded the Combat Infantryman Badge.  There is no evidence, and the applicant has provided none, to show that he served in active ground combat or to show that he personally came under fire while serving in Vietnam.  There is no evidence, and the applicant has provided no independent evidence, that shows he was ever awarded the Combat Infantryman Badge or an infantry MOS.  He is not entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

3.  The evidence of record shows that the applicant was awarded the Bronze Star Medal, on 29 November 1970, for meritorious service in connection with military operations against a hostile force, during the period January 1970 to January 1971, while he served in Vietnam.  This evidence is sufficient as a basis for correction of his records to show the already-awarded Bronze Star Medal.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with two bronze service stars.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to award of one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal, with two bronze service stars.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  Therefore, he is entitled to correction of his records to show this unit award.

6.  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

___QS___  __JH___  ___JR___  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 to show award of the Combat Infantryman Badge, and to add this award to his DD Form 214.

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 award of the Bronze Star Medal; the Vietnam Service Medal, with three bronze service stars; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, to the applicant and to add these awards to his DD Form 214.




______Jeffrey C. Redmann_________
          CHAIRPERSON




INDEX

CASE ID
AR20070011351
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071213
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710824
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY/ GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.