RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 February 2004
	DOCKET NUMBER:   AR2003089018

	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	
	Ms. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Karen A. Heinz		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge he was promised for his service in Vietnam.

2.  The applicant states that his superiors in Vietnam told him he would receive the Combat Infantryman Badge before he became a door gunner with the 174th Aviation Company.  He states that he now suffers from Post Traumatic Stress Disorder and award of the Combat Infantryman Badge would help prove his duties in Vietnam.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record) and a copy of his Citation for the Air Medal, with 1-23 Oak Leaf Clusters.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error or injustice which occurred on 8 September 1968.  The application submitted in this case is dated 25 March 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 enlisted in the Regular Army on 4 February 1966.  Following completion of all required military training, the applicant was awarded military occupational specialty (MOS) 67A, Aircraft Maintenance Crewman, and was assigned to Fort Hood, Texas.

4.  On or about 10 February 1967, the applicant was assigned to the 174th Aviation Company, Republic of Vietnam with principal duty in MOS 67A.

5.  On or about 28 July 1967, the applicant's DA Form 20 shows his principal duty was changed to "Gunner, MOS 11B."  It also shows he was awarded MOS 11B, Light Weapons Infantryman, on 23 September 1967.  He continued serving with the 174th Aviation Company until he left the Republic of Vietnam on 4 September 1968.

6.  On 8 September 1968, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He was credited with 2 years, 7 months, and 5 days of military service.  

7.  The applicant's DD Form 214 shows the following awards:  the National Defense Service Medal, the Air Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, three Overseas Service Bars, and the Aircraft Crewman Badge (P).

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (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 Total Army Personnel 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.  U.S Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  There was no provision for making the award simply because an aircraft was struck by enemy fire.

10.  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 the unit to which the applicant was assigned was cited for award of the Valorous Unit Award for the period 22 April to 20 August 1967, Department of the Army General Order Number 43, 1972 and the Vietnam Gallantry Cross Unit Citation with Palm for the period 27 March 1967 to 17 May 1968 by Department of the Army General Order Number 46, dated 1969, amended Department of the Army General Order Number 21, 1969.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant apparently served in MOS 11B (according to his DA Form 20) while serving in Vietnam, there are no orders or other evidence that the applicant was awarded the Combat Infantryman Badge, or that he was actively engaged in ground combat while serving with an infantry unit.

2.  Evidence of record shows the applicant was assigned to the 174th Aviation Combat Company during his total tour of duty in Vietnam.  He was never assigned to an infantry unit.

3.  Evidence of record show the applicant is eligible for the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Air Medal with Numeral 23.

4.  Records show the applicant should have discovered the error or injustice now under consideration on 8 September 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 7 September 1971.  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.

5.  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

__fne___  __jpi___  __kah___  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 to show award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Valorous Unit Citation, and the Air Medal with Numeral 23.

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003089018	
SUFFIX		
RECON		
DATE BOARDED	20040205	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.