RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 February 2008
	DOCKET NUMBER:  AR20070013875 


	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. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Mr. Jose A. Martinez

Member

Ms. Susan A. Powers

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.

2.  The applicant states that he should have been issued a Combat Infantryman Badge based on his infantry training; and that he believes that it was an oversight by his discharging unit.

3.  The applicant provides no additional information 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.  On 5 January 1967, the applicant enlisted in the Army in Charlotte, North Carolina, for 3 years, in the pay grade of E-1.  He successfully completed his training and was awarded military occupational specialty (MOS) 13E (field artillery operations and intelligence assistant.

3.  After completing 10 months and 16 days of total active service, the applicant was honorably discharged on 20 November 1967, to accept a commission as an officer in the United States Army Reserve (USAR).

4.  The Report of Transfer or Discharge (DD Form 214) he was furnished at the time of his discharge shows that he was awarded the National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bar.  His DD Form 214 also shows that he had no foreign and/or sea service during this period of enlistment.




5.  The applicant accepted an appointment as a Reserve commissioned officer, in the rank of second lieutenant, and he was ordered to active duty on 21 November 1967.  He was transferred to Vietnam on 16 November 1968, and he was assigned to Battery B, 1st Battalion, 8th Artillery Regiment, 25th Infantry Division, in MOS 1193 (field artillery unit commander.)

6.  While in Vietnam, the applicant participated in the following two campaigns of the Vietnam War:  the Vietnam Counteroffensive campaign, Phase VI, which extended from 2 November 1968 through 22 February 1969; and the Tet 69 Counteroffensive, 1969 campaign, which extended from 23 February through
8 June 1969.

7.  After being wounded in action while he was in Vietnam, and hospitalized as a result of his injuries, the applicant was transferred to the Continental United States on 20 April 1969, and he was hospitalized at the United States Naval Hospital in Portsmouth, Virginia.

8.  On 16 May 1969, General Orders Number 6838, published by Headquarters, 25th Infantry Division awarded the applicant the Bronze Star Medal with "V" (Valor) Device, for heroism in connection with military operations against a hostile force on 13 April 1969.

9.  On 19 July 1970, the applicant was released from active duty (REFRAD) and he was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows that his awards included the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Purple Heart.  However, the Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars that he qualified for during his initial period of enlistment, and the Bronze Star Medal with "V" Device, failed to be included on his DD Form 214 dated 19 July 1970.

10.  On 11 April 1972, the applicant's DD Form 214 was amended to show that he was retired by reason of physical disability (Temporary).

11.  A review of the available record fails to show that the applicant was ever awarded an infantry military occupational specialty, while he was in the Army.

12.  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.

13.  All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  

14.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.

15.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught but it is not a basis for the award of the Combat Infantryman Badge.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  This unit award is not reflected on the applicant's DD Form 214.

17.  Army Regulation 670-1, in effect at the time, governed the requirements for the Overseas Service Bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  One Overseas Service Bar is authorized for each six-month period served in the Republic of Vietnam.  To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

18.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a Bronze Service Star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized Bronze Service Stars will be worn on the appropriate service medal.




DISCUSSION AND CONCLUSIONS:

1.  A review of the available records does not indicate that the applicant is entitled to award of the Combat Infantryman Badge.

2.  While he was wounded in action in defense of this great country, he was assigned in a field artillery unit commander military occupational specialty.  As previously indicated, the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught; however, it is not a basis for the award of the Combat Infantryman Badge.

3.  The applicant is entitled to the Bronze Star Medal with "V" Device, based on General Orders Number 6838, and Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.  He is also entitled to one Overseas Service Bar, based on his overseas service; and two bronze service stars, based on his campaign participation. Therefore, these awards should be included on his DD Form 214 for the period ending 19 July 1970.

4.  Additionally, the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars and it was erroneously omitted from the DD Form 214 that he was furnished at the time of his discharge. Therefore, it would now be appropriate to amend his DD Form 214 to reflect this award.

5.  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

__KAN__  __JAM__  __SAP__  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 concerned by amending his DD Form 214 for the period ending 19 July 1970, to show that he was awarded the Bronze Star Medal with "V" Device; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; two Bronze Service Stars, for inclusion on his already-awarded Vietnam Service Medal; one Overseas Service Bar; and the Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars.




____Kathleen A. Newman____
          CHAIRPERSON




INDEX

CASE ID
AR20070013875
SUFFIX

RECON

DATE BOARDED
20080212
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY/W NOTE
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS & DECORATIONS
2.  157
107.0111/COMBAT INFANTRYMAN BADGE
3.  189
110.0000/SEPARATION DOCUMENT
4.  1
110.0400/ADD APPROVED AWARDS
5.

6.