RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 January 2008
	DOCKET NUMBER:  AR20070012979 


	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. John P. Infante

Chairperson

Mr. Eric N. Andersen

Member

Mr. David K. Haasenritter

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 that the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge).

2.  The applicant states that he was awarded the CIB on 7 February 1969, but it was never added to his DD Form 214.

3.  The applicant provides no additional evidence.

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 Regular Army on 18 September 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 36K (Field Wireman).

3.  The applicant arrived in Vietnam on or about 14 March 1968.  His DA Form  20 (Enlisted Qualification Record) shows he was assigned to Company B, 3d Battalion, 60th Infantry for one day where he performed duties in MOS 36K as a wireman.  He was reassigned to Headquarters and Headquarters Company, 2d Battalion, 39th Infantry where he performed duties in MOS 36K as a wireman.

4.  The applicant departed Vietnam on 23 February 1969 after being credited with participation in five campaigns.

5.  The applicant was honorably discharged on 22 April 1969.  His DD Form     214 for the period ending 22 April 1969 shows he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the “VN Unit Citation,” two overseas bars, and the Sharpshooter Marksmanship 
Qualification Badge with Rifle Bar M-14.  Item 41 (Awards and Decorations) of his DA Form 20 shows the authority for the “VN Unit Citation” as “MFR HQ 9thInfDiv 1Aug68.”

6.  The applicant reenlisted on 23 April 1969.  He was honorably discharged on 20 November 1971.  His DD Form 214 for the period ending 20 November 1971 shows he was awarded the National Defense Service Medal, the Army Commendation Medal, and the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  The CIB 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 has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership have taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the CIB to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation. 

9.  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.  One silver service star is worn in lieu of five bronze service stars.

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, 39th Infantry, it was awarded the Presidential Unit Citation for the period 7 March through 22 June 1968 based on Department of the Army General Orders (DAGO) Number 60, dated 1969.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2d Battalion, 39th Infantry, it was thrice awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation:  (1) for the period 1 December 1966 through 30 June 1968 based on DAGO Number 31, dated 1969; (2) for the period 1 July through 13 November 1968 based on DAGO Number 31, dated 1969; and (3) for the period January through June 1969 based on DAGO Number 59, dated 1969.  It states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2d Battalion, 39th Infantry, it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 based on DGO Number 9, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was not an infantryman and did not perform infantry duties.  Therefore, there is insufficient evidence to show he met the eligibility criteria for award of the CIB.

2.  The applicant was assigned to a unit during a period of time that unit was awarded the Presidential Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  That same unit during the time the applicant was assigned to it was also thrice awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is authorized to wear one Republic of Vietnam Gallantry Cross with Palm Unit Citation.  All five of these unit awards should be listed on his DD Form 214 for the period ending 20 November 1971.  None of these unit awards appears to be related to the “VN Unit Citation” already shown on his DD Form 214 for the period ending 22 April 1969.

3.  The applicant was credited with participation in five campaigns.  He is therefore eligible to wear one silver service star on his Vietnam Service Medal.

4.  The applicant’s awards from his initial period of service are not listed on his last DD Form 214.  As a matter of convenience, all of his awards should be shown on his DD Form 214 for the period ending 20 November 1971.
5.  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

__jpi___  __ena___  __dkh___  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 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 for the period ending 20 November 1971 to add the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with Device (1960), the “VN Unit Citation,” two overseas bars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Presidential Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




__John P. Infante_____
          CHAIRPERSON




INDEX

CASE ID
AR20070012979
SUFFIX

RECON

DATE BOARDED
20080131
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0111
2.

3.

4.

5.

6.