IN THE CASE OF:	  

		BOARD DATE:	  9 October 2008

		DOCKET NUMBER:  AR20080007428 


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, that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) be corrected to include the Combat Infantryman Badge (CIB), Republic of Vietnam (RVN) Campaign Medal, and Grenade, Machinegun, Rifle, and Pistol Bars with his Expert Marksmanship Qualification Badge.  

2.  The applicant states, in effect, that the above awards were omitted from his DD Form 214. 

3.  The applicant provides a National Personnel Records Center (NPRC) letter and his DD Form 214 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 inducted into the Army and entered active duty on 17 May 1967, and was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the RVN for 4 months, from 21 October 1967 through 16 February 1968.  Item 38 (Record of Assignments) shows that during his RVN service, he was assigned to Company B and Company C, 2nd Battalion, 60th Infantry Regiment.  Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM) and Vietnam Service Medal (VSM).  The CIB is not included in the list of awards contained in Item 41, and Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 10 July 1968.  

4.  The applicant's record is void of any orders or other documents indicating he was ever recommended for or awarded the CIB while serving in the RVN.  The record contains orders confirming his qualifications with the M-79 grenade launcher, rifle, and pistol; however, it is void of orders indicating he qualified as an expert with the hand grenade.  

5.  On 21 May 1969, the applicant was honorably separated, in the rank of specialist four (SP4), after completing 2 years of active duty service.  Item 24 of the DD Form 214 he was issued lists the following awards he earned during his active duty tenure:  VSM with 2 bronze service stars; NDSM; and Expert Marksmanship Qualification Badge with Rifle, Pistol, Machinegun, and Grenade Launcher Bars.  The CIB is not included in Item 24 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.  

6.  The applicant provides a NPRC letter, dated 20 November 2006, which indicates that along with other awards, his entitlement to the CIB, RVN Campaign Medal and the Grenade Bar with Expert Marksmanship Qualification Badge.  

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges.  Paragraph 8-6 contains guidance on award of the CIB.  It states, in pertinent part, that in order to support award of the CIB, there must be evidence that the member held and served in an infantry MOS; that he served in an infantry unit of brigade, regimental, or smaller size; and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  
8.  Paragraph 9-13 contains guidance on award of the RVN Campaign Medal.  It states, in pertinent part, in order to qualify for this award a member must have served in the RVN for 6 months during the period between 1 March 1961 and 
28 March 1973, unless special circumstances exist.    

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 24 of his DD Form 214 should be corrected by adding the CIB, RVN Campaign Medal and the Grenade Bar to his Expert Marksmanship Qualification Badge was carefully considered.  However, there is insufficient evidence to support this claim. 

2.  By regulation, in order to support award of the CIB there must be evidence that the member held and served in an infantry MOS, in a qualifying infantry unit, and was present and participated with the unit while it was actively engaged in ground combat with the enemy.  In this case, although the applicant held and served in an infantry MOS in a qualifying infantry unit in the RVN, there is no evidence confirming his presence and personal participation with unit while it was engaged in active ground combat with enemy forces.  

3.  The CIB is not included in the list of awards contained in Item 41 of his DA Form 20, which he last audited on 10 July 1968, subsequent to his departure from the RVN, and it is not included in the list of awards contained in Item 24 of his DD Form 214, which he authenticated with his signature on the date of his separation.  In effect, his audit of the DA Form 20 and his signature on the DD Form 214 was his verification that the information contained on the record and separation document, to include the list of awards, was correct at the time the record was audited and the separation document was signed.  Further, his record is void of orders or other documents indicating he was recommended for or awarded the CIB by proper authority while serving on active duty.  As a result, absent any evidence of his personal participation with his unit in active ground combat, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  

4.  The evidence of record also shows that the applicant only served in the RVN for 4 months, and by regulation, in order to qualify for the RVN Campaign Medal under normal circumstances a member must have served in the RVN for 
6 months between 1 March 1961 and 28 March 1973.  Absent any evidence that special circumstances existed, the applicant did not meet the regulatory criteria necessary to support award of the RVN Campaign Medal.  


5.  Finally, Item 24 of the applicant's DD Form 214 properly lists his Expert qualification with the grenade launcher, rifle, pistol, and machinegun, which are all of the weapons qualifications verified by orders in his record.  There are no record entries, orders, or other documents in his record that indicate he ever qualified as an expert with the hand grenade.  As a result, there is insufficient evidence to support adding this qualification to his record and separation document.  

6.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _ 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)                                         AR20080007428



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ABCMR Record of Proceedings (cont)                                         AR20080007428



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