RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20080000442 


	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 that 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 records were not updated.  

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

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 was inducted into the Army on 11 September 1968.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He was later (in December 1969) reclassified into MOS 71L (administrative specialist).  

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 6 March 1969 with Headquarters and Headquarters Company, 1st Battalion (Airmobile), 506th Infantry as a rifleman in duty MOS 11B.

4.  A Veterans Administration Form 07-3101 (Request for Information) indicates the applicant was treated for a dislocated shoulder in April 1969.  This form and his DA Form 20 show he was medically evacuated from Vietnam on 9 May 1969. (His pre-induction physical examination indicated he had a history of left shoulder dislocation.)  He was credited with participation in the Tet 69 Counteroffensive Campaign.  

5.  The applicant was honorably released from active duty on 13 April 1970.  He completed 1 year, 7 months, and 3 days of active military service.
6.  His DD Form 214 shows the National Defense Service Medal, the Armed Forces Expeditionary Medal (Korea), the Good Conduct Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal as authorized awards.  

7.  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, 506th 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 43, dated 1970.

8.  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.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded MOS 11B and performed duties in MOS 11B as a rifleman while assigned to an infantry unit in Vietnam.  However, there is insufficient evidence which indicates he served in active ground combat during his assignment in Vietnam.  Therefore, he has not met all of the requirements for award of the CIB.  

2.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this foreign unit award should be added to his DD Form 214.

3.  The applicant’s DD Form 214 currently reflects award of the Vietnam Service Medal.  He received credit for participation in one campaign during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show one bronze service star for wear on his Vietnam Service Medal.

4.  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

PM______  JH______  KJ______  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 errors 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 the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one bronze service star for wear on his already-awarded Vietnam Service Medal on his DD Form 214. 




                      PM________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080000442


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