RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            12 FEBRUARY 2004                  
	DOCKET NUMBER:   AR2003090947

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Robert J. Osborn II		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 award of the Combat Infantryman Badge.

2.  The applicant states he was a 11B (infantryman) in Vietnam but never received the Combat Infantryman Badge.

3.  The applicant provides no evidence in support of his request beyond a copy of his separation document.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 19 May 1970.  The application submitted in this case is dated 2 May 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.  Records available to the Board indicate the applicant entered active duty on 20 May 1968.  While undergoing training he qualified as a marksman with the machinegun, a sharpshooter with the M-14 rifle, and an expert with the M-16 automatic rifle and was awarded the associated badge and component bars.  His weapons qualification information was omitted from his separation document.  In February 1969, upon completion of training, the applicant was awarded primary specialty of 11B (infantryman).  

4.  The applicant arrived in Vietnam November 1968 and following a brief period as a student, on 24 November 1968 he was assigned to Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry.  His Department of the Army Form 20 (Enlisted Qualification Record), which the applicant authenticated, indicates he performed duties as a “radio operator” in specialty 11D for the duration of his tour of duty in Vietnam.  There is no indication he ever performed duties in his primary specialty, although his primary specialty was never withdrawn, nor was he ever awarded another specialty.

5.  The applicant returned to the United States in October 1969 and completed his service contract at Fort Carson, Colorado.  He was released from active duty with an honorable characterization of service on 19 May 1970.  His separation document does not reflect entitlement to the Combat Infantryman Badge, although it does reflect award of the National Defense Service Medal, the Vietnam Service Medal with one bronze service star and the Vietnam Campaign Medal.

6.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry specialty.  They must have served in active ground combat while assigned or attached to an infantry unit or brigade, regimental or smaller size.  The Awards Branch, United States Army Human Resources Command-Alexandria has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

7.  Army Regulation 600-8-22 also provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal.  His conduct and efficiency ratings throughout his military service were excellent and his records contain no evidence of any disciplinary actions or incidents of misconduct.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit was credited with participating in three designated campaigns (Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, and Vietnam Summer-Fall 1969) during the applicant’s period of assignment.  His campaign participation should be reflected by three bronze service stars on his Vietnam Service Medal vice the one currently reflected.  The unit was also awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have held an 11B specialty and was assigned to Vietnam, there is no evidence he ever performed duties in that specialty.  Rather, evidence indicates that he performed duties in an 11D specialty with a cavalry unit and as such would not have met the basic eligibility requirements for award of the Combat Infantryman Badge.

2.  However, the applicant did complete a qualifying period of service for award of the Army Good Conduct Medal on 19 May 1970.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 20 May 1968 through 19 May 1970.

3.  The evidence also confirms that the applicant qualified as a marksman with the machinegun, a sharpshooter with the M-14 rifle, and an expert with the M-16 automatic rifle and was awarded the associated badge and component bars.

4.  The applicant is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and three bronze service stars on his Vietnam Service vice one bronze service star. 

BOARD VOTE:

__JHL___  __LE ___  ___RJO _  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Army Good Conduct Medal;

b.  showing he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and three bronze service stars on his Vietnam Service Medal; and

c.  showing that he qualified as a marksman with the machinegun, a sharpshooter with the M-14 rifle, and an expert with the M-16 automatic rifle and was awarded the associated badge and component bars.

2.  The Board further determined that 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 Combat Infantryman Badge.  

		___Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090947	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030212	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.