RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  08 May 2008
	DOCKET NUMBER:  AR20070018814 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 essentially states that he met the qualifications for award of the Combat Infantryman Badge by serving as an infantryman with an infantry military occupational specialty (MOS) with Company E, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, 23rd Infantry (Americal) Division in Vietnam in 1969.  He also states that he was engaged in operations under fire while assigned to this unit.

3.  The applicant provides his DD Form 214 (Report of Separation from Active Duty) that was issued at the time of his discharge on 18 October 1976 and two pages of correspondence related to the applicant requesting Congressional assistance in support of this 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.  The applicant's military records show that he enlisted in the Regular Army on 26 August 1968.  He completed basic and advanced individual training and was awarded MOS 11B (Light Weapons Infantryman).  After briefly serving at Fort Campbell, Kentucky, he departed for the Republic of Vietnam on 18 May 1969.  After serving as a student at the Americal Combat Center, he was assigned to Company E, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, 23rd Infantry (Americal) Division on 1 June 1969, and served as a Rifleman in MOS 11B.  On 25 June 1969, he was reassigned to the 23rd Administration Company, where he served in MOS 71F (Postal Clerk) for the majority of his tour in Vietnam, and never again served in MOS 11B.  He returned to the continental United States on 15 April 1970, and served at Fort Hood, Texas and Germany until he was discharged under the provisions of Chapter 10 (Discharge in Lieu of Trial by Court-Martial), Army Regulation 635-200 (Enlisted Personnel) on 
18 October 1976, and was issued a general discharge.  The DD Form 214 that was issued to him at the time of his discharge on 18 October 1976 shows that he was awarded the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant’s DD Form 214 and DA Form 2-1 (Personnel Qualification Record – Part II) do not show that he was awarded the Combat Infantryman Badge.  There are no orders in his military records which awarded him the Combat Infantryman Badge.  A search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce any orders awarding him the Combat Infantryman Badge.  His military records do show that he served as a Rifleman in MOS 11B with Company E, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, 23rd Infantry (Americal) Division.  However, he only served with this unit for 24 days, and there is no evidence in the applicant's military records which conclusively shows that this unit engaged in active ground combat while he was assigned to it, or that he was personally present and engaged in ground combat.  Additionally, although he was awarded the Army Commendation Medal during his tour in Vietnam, the order awarding him this medal did not specifically state that the applicant ever personally engaged in combat.  

4.  The applicant essentially stated that he met the qualifications for award of the Combat Infantryman Badge by serving as an infantryman with an infantry MOS with Company E, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, 23rd Infantry (Americal) Division in Vietnam in 1969.  He also stated that he was engaged in operations under fire while assigned to this unit.

5.  During a review of the applicant’s records, it was determined that he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  This regulation states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows 
that during the applicant's tour in Vietnam, he participated in the Tet 69 Counteroffensive, 1969; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970 campaigns.

6.  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 persons who have an infantry MOS.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge.

2.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  While the sincerity of the applicant's claim to entitlement to award of the Combat Infantryman Badge is not in question, there is no evidence in the applicant's military records, and the applicant failed to provide any evidence which proves, by a preponderance of the evidence, that the infantry unit that he was assigned to for 24 days engaged in active ground combat while he was assigned to it, or that he was personally present and engaged in ground combat. Absent such evidence, there is no basis for awarding the Combat Infantryman Badge to the applicant in this case.



4.  As the applicant participated in three campaigns during his tour in Vietnam, it would be appropriate at this time to correct his DD Form 214 that was issued at the time of his discharge on 18 October 1976 to show three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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

__XXX __  __XXX__  __XXX__   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 to show three bronze service stars to be affixed to his already-awarded Vietnam Service Medal on his DD Form 214 that was issued at the time of his discharge on 18 October 1976.




      ___        XXX                ___
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018814



5


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508