RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 April 2008
	DOCKET NUMBER:  AR20070017037 


	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.

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	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) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that his current DD Form 214 and DD Form 215 (Correction to DD Form 214) do not indicate award of the CIB.  

3.  The applicant provides a copy of his DD Form 214 and DD Form 215.

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 14 June 1965 for a period of three years.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11D (armor intelligence specialist).

3.  He was assigned to Vietnam on 9 December 1965 with Headquarters and Headquarters Company, 1st Battalion, 18th Infantry as a scout observer in duty MOS 11D.

4.  Item 38 (Record of Assignments) on his DA Form 20 (Enlisted Qualification Record) shows he served as a wheel vehicle mechanic helper in duty MOS 63A on 15 August 1966.  

5.  He was promoted to specialist four on 23 September 1966.

6.  Item 41 (Awards and Decorations) on the applicant’s DA Form 20 indicates he was awarded the CIB based on Headquarters, 1st Infantry Division, Special Orders Number 268, dated 25 September 1966.  These orders are not available.
7.  The applicant departed Vietnam on 8 December 1966 and was credited with participation in three campaigns.

8.  He was reassigned to Vietnam on 25 August 1967 with Troop A, 1st Squadron, 11th Armored Cavalry Regiment as a scout observer in duty MOS 11D.

9.  The applicant departed Vietnam on 7 February 1968 and was credited with participation in two campaigns.

10.  The applicant was honorably released from active duty on 27 March 1968.  He completed 2 years, 9 months, and 14 days of active military service with no days of lost time.

11.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.

12.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

13.  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 1st Battalion, 18th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 21, dated 1969.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 1st Battalion, 18th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.


16.  Army Regulation 600-8-22, 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.  This regulation states that a silver service star is authorized in lieu of five bronze service stars.

17.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded MOS 11D and served as a scout observer with the 1st Battalion, 18th Infantry during his first tour in Vietnam.  He later served as a wheel vehicle mechanic helper in duty MOS 63A in Vietnam.  

2.  The evidence of record also shows the applicant served as a scout observer in duty MOS 11D with 11th Armored Cavalry Regiment in Vietnam from August 1967 to February 1968.  There is no evidence of record which shows the applicant held or served in an infantry MOS during active ground combat while assigned to an infantry unit of brigade, regimental or smaller size. 

3.  Although the applicant’s Enlisted Qualification Record lists award of the CIB, the preponderance of evidence shows he did not meet the regulatory requirements for award of the CIB.  Therefore, it appears that he was erroneously awarded the CIB.  That error should not be compounded by adding the CIB to his DD Form 214.  

4.  It appears the applicant has met the regulatory requirements for award of the Army Good Conduct Medal for a qualifying period from 14 June 1965 through 27 March 1968.

5.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these foreign unit awards should be added to his DD Form 214.

6.  The applicant received credit for participation in a total of five campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show one silver service star for wear on the Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x_____ x______x______  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 Army Good Conduct Medal for a qualifying period from 14 June 1965 through 27 March 1968; and

	b.  adding the Army Good Conduct Medal, 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 service star for wear on his already-awarded Vietnam Service Medal 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 adding the CIB to his DD Form 214.



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          		CHAIRPERSON