IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017753 


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 award of the Combat Infantryman Badge (CIB), correction of his social security number (SSN), and that all awards to which he is eligible be added to his record.

2.  The applicant states he should be eligible for the CIB based on his involvement in a firefight during the Tet Offensive in the Republic of Vietnam (RVN) in February 1968.  He also states his SSN is incorrect on his DD Form 214 and requests all awards he is eligible for be added to his record.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and social security card 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.  A review of the applicant's record reveals a DD Form 215 (Correction to DD Form 214) correcting the SSN on his DD Form 214 was issued on 27 June 2006.  A copy of the DD Form 215 will be provided to him.  As a result, this issue will not be addressed further in this Record of Proceedings.

3.  The applicant's record shows he was inducted into the Army of the United States and entered active duty on 31 May 1967.  It also shows he was initially trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 16 October 1967.  It further shows he was awarded MOS 64A (Light Vehicle Driver) on 31 August 1968 and MOS 95B (Military Police) on 15 February 1969.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 4 November 1967 through 6 October 1968.  Item 38 (Record of Assignments) shows that during his RVN tour of duty he was assigned to Headquarters and Headquarters Detachment (HHD), 90th Replacement Battalion, and performed as a security guard in MOS 11B from 8 November 1967 through 29 June 1968 and as a light vehicle driver in MOS 64A from 30 June through 6 October 1968.

5.  The applicant's record is void of any orders or other documents indicating he was recommended for or awarded the CIB by proper authority while serving in the RVN.

6.  On 29 May 1969, the applicant was honorably released from active duty in the rank of specialist four/E-4 after completing 1 year, 11 months, and 29 days of active military service.  The DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device (1960)
* two overseas service bars
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* First Class Gunner Badge with Machine Gun Bar (M-60)

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on combat badges and special skill badges and paragraph 8-6 contains specific guidance on the CIB.  It states for award of the CIB a Soldier must meet the following three requirements:

	a.  be an infantryman satisfactorily performing infantry duties

	b.  be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and

	c.  actively participate in such ground combat.

8.  Paragraph 8-6 of Army Regulation 600-8-22 further states that a recipient must be personally present and under hostile fire while serving in an assigned infantry duty in a unit actively engaged in ground combat with the enemy.  The unit in question must be of brigade size or smaller.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.

9.  Department of the 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 shows that during his assignment tenure, the applicant's unit, HHD, 90th Replacement Detachment, was awarded the Meritorious Unit Commendation (MUC) for the period 1 August 1967 through 30 September 1968 by Department of the Army General Orders Number 31, issued in 1969.

10.  Department of the Army General Orders Number 8, issued in 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam during the period 8 February 1962 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's record confirms he is entitled to the MUC and RVN Gallantry Cross with Palm Unit Citation awards during his RVN service and that these awards were not included or on his DD Form 214.  As a result, it would be appropriate to add them now.

2.  The applicant's contention he should be awarded the CIB based on his engagement with enemy forces during the Tet Offensive in February 1968 has also been carefully considered.  However, by regulation in order to receive the CIB a member must be performing infantry duties in a qualifying infantry unit of brigade or smaller size while engaging enemy forces.

3.  The record shows the applicant was assigned to a non-infantry unit performing duties as a security guard or vehicle driver during the tenure of his assignment in the RVN.  Therefore, absent any evidence that he engaged with the enemy while performing traditional infantry duties in a qualifying infantry unit, the regulatory criteria necessary to support award of the CIB has not been met in this case.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 by adding the MUC and RVN Gallantry Cross with Palm Unit Citation to DD Form 214.

2.  The Board further determined 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 award of the CIB.



      _______ _   _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)                                         AR20100017753



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ABCMR Record of Proceedings (cont)                                         AR20100017753



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