RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  16 December 2003
	DOCKET NUMBER:  AR2003086988

	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.  

	Mr. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley Powell		Member	
	Mr. John N. Slone		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states that he was never awarded the CIB.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error, which occurred on 11 February 1971, the date of his separation from active duty.  The application submitted in this case is dated 25 February 2003.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's available records show that he entered active duty on 29 January 1968 and completed training as a field communications crewman in military occupational specialty (MOS) 31G.  He was assigned to the 1/28th Infantry in Vietnam from June 1968 to June 1969 and attained the pay grade of E-5.

4.  The applicant's DD Form 214 (Report of Transfer or Discharge) shows that he was separated from active duty in the pay grade of E-3 and transferred to the Army Reserve.  He had completed 3 years of active duty and was credited with 14 days of lost time.  His MOS is shown as 31G40, tactical communications chief.

5.  The CIB is not listed in block 24 (Decorations) as an authorized award and there are no bronze service stars shown for his Vietnam Service Medal.

6.  Army Regulation 600-8-22 prescribes Army policy for individual awards.  The regulation provides that one bronze service star is authorized for wear on the Vietnam Service Medal for participation in each named campaign.  A review of the regulation and the applicant's records shows that he is entitled to four bronze service stars.

7.  The regulation also provides for award of the CIB.  The regulation states that there were basically three requirements for award of the CIB.  The soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

8.  Department of the Army Pamphlet 672-3 provides information to establish eligibility for unit citation badges awarded during the Vietnam conflict.  The pamphlet shows that the applicant's unit during his period of assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, or evidence provided by the applicant, that he served in a qualifying infantry position and is entitled to the CIB.

2.  Records show the applicant should have discovered the error or injustice now under consideration on 11 February 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 11 February 1974. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

3.  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 RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__sc____  __sp___  ___js___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.

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 the addition of four bronze service stars for the Vietnam Service Medal and award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge.

		___Samuel A. Crumpler__
		        CHAIRPERSON

INDEX

CASE ID	AR2003086988	
SUFFIX		
RECON		
DATE BOARDED	20031216	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.