IN THE CASE OF:	  

	BOARD DATE:	  13 May 2008

	DOCKET NUMBER:  AR20080003494 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Combat Infantryman Badge (CIB). 

2.  The applicant states, in effect, that he wants the CIB awarded to him in recognition of the duties he performed under hostile fire conditions during his service in the Republic of Vietnam (RVN).  He states that he earned the Purple Heart (PH) and Bronze Star Medal (BSM) while serving in combat with Company A, Combat Engineer Battalion, 18th Engineer Brigade in the RVN, which warrants award of the CIB.

3.  The applicant provides a self-authored statement 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.  The applicant’s record shows that he was appointed a second lieutenant (2LT) in the United States Army Reserve (USAR) on 29 May 1965, and that he entered active duty in that status on 8 August 1965.  He was trained in, awarded and served in military occupational specialty (MOS) 1331 (Combat Engineer Unit Commander).

3.  The applicant’s Officer Qualification Record (DA Form 66) shows he served in the RVN from 9 December 1965 through 9 August 1966, and that during his RVN tour, he was assigned to Company A, 20th Engineer Battalion (Combat), performing duties as an engineer platoon leader.  Item 12 (Appointments) shows he was promoted to the rank of first lieutenant (1LT) on 1 October 1966.  His Military Personnel Records Jacket (MPRJ) is void of any orders, or other documents indicating he was ever recommended for, or awarded the CIB by proper authority while serving on active duty.

4.  On 7 August 1967, the applicant was honorably released from active duty (REFRAD) and transferred to the USAR.  The separation document (DD Form 214) he was issued at the time shows he completed a total of 2 years active military service, and that he earned the following awards during his active duty tenure:  BSM; PH; National Defense Service Medal (NDSM); RVN Campaign Medal (RVNCM); and Vietnam Service Medal (VSM) with 1 bronze service star.  The CIB is not included in the list of awards and the applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his separation.  

5.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.   Chapter 8 of the awards regulation contains guidance on award of combat badges.  It states, in pertinent part, that there are three basic requirements for award of the CIB.  The Soldier must hold and serve in an infantry MOS, he must serve in a qualifying infantry unit of brigade, regimental, or smaller size; and he must be personally present and participate with his qualifying infantry unit while it is engaged in active ground combat with enemy forces.  Service in combat alone is not sufficient for award of the CIB.  

6.  Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, participating credit was granted for the Vietnam Defense and Vietnam Counteroffensive Phase II campaigns.

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (Company A, 20th Engineer Battalion) earned the Meritorious Unit Commendation (MUC).

8.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the CIB for his combat service in the RVN was carefully considered.  However, by regulation, in order to support award of the CIB, the Soldier must have held and served in an infantry specialty and must have served in a qualifying infantry unit of brigade, regimental or smaller size.  The evidence of record in this case confirms the applicant held an engineer specialty, and that he served in an engineer unit during his RVN tour.  Although the applicant clearly participated in combat, he did not do so as an infantryman.  

2.  Absent any evidence of record showing that the applicant held and served in an infantry specialty with a qualifying infantry unit during his RVN tour, or that he was awarded the CIB by proper authority while he was on active duty, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  

3.  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 related to award of the CIB.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

4.  The evidence of record does show that based on his RVN service and campaign participation, the applicant is entitled to the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with his Vietnam Service Medal.  The omission of these awards from his separation document is an administrative matter that does not require Board action to correct.  
5.  As a result of the administrative error outlined in the preceding paragraph, the Case Management Support Division (CMSD), St. Louis, Missouri, will administratively correct the applicant's record 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

___x____  ___x ____  ___x____  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 showing his entitlement to the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with his Vietnam Service Medal; and by providing him a correction to his separation document that reflects these awards.  




       _    __x_____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080003494



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ABCMR Record of Proceedings (cont)                                         AR20080003494


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