RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            December 2, 2003                  
	DOCKET NUMBER:    AR2003091151

	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. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Patrick H. McGann		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) and all unit awards that he is entitled to receive.

2.  The applicant states that after serving two tours in Vietnam, he was never awarded the CIB or any unit citations.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 22 July 1971.  The application submitted in this case is dated 9 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.  The applicant enlisted in Newark, New Jersey, on 31 July 1968, for a period of 3 years.  He successfully completed his training at Fort Dix, New Jersey, and was assigned to the Pentagon for duty as a light vehicle driver.  He remained at the Pentagon until 12 February 1969, when he was transferred to Vietnam.

4.  He arrived in Vietnam on 17 March 1969 and was assigned to the 29th Civil Affairs Company for duty as a light vehicle driver.  He was promoted to the pay grade of E-5 on 7 March 1970 and departed Vietnam on 10 March 1970, for assignment to Germany.

5.  He served in Germany until 8 August 1970, when he was transferred back to Vietnam.  He arrived in Vietnam on 14 September 1970 and was assigned to the 670th Transportation Company for duty as a senior heavy vehicle truck driver.  He was further attached to the 442nd Transportation Company on 15 May 1971 and remained in Vietnam until 21 July 1971, when he was transferred to Fort Lewis, Washington.

6.  On 22 July 1971, he was honorably released from active duty (REFRAD) as an overseas returnee.  He had served 2 years, 11 months and 22 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Army Commendation Medal, and the Republic of Vietnam Campaign Medal.  He had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information.
7.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

8.  That regulation also established the criteria for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s units were subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Meritorious Unit Commendation (MUC) during the period he was assigned to the units.  It also shows that the applicant participated in five campaigns during his assignments in Vietnam and is authorized one silver service star for wear on his already awarded VSM. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his two assignments in Vietnam he performed the duties of an infantryman in an infantry unit that engaged in ground combat against the enemy. Therefore, in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge.

2.  However, the applicant was entitled to be awarded the RVNGC w/Palm Unit Citation, the MUC and one silver service star for wear on his already awarded VSM.  Accordingly, it would be in the interest of justice to do so at this time. 

3.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 31 July 1968 through 22 July 1971.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

BOARD VOTE:

_PM___  __MM__  __FE   ___    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 awarding him the AGCM for the period of 31 July 1968 through 22 July 1971, the RVNGC w/Palm Unit Citation, the MUC and one silver service star for wear on his already awarded VSM.  

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 the award of the CIB.  

		Fred N. Eichorn
                                                        CHAIRPERSON

INDEX

CASE ID	AR2003091151	
SUFFIX		
RECON		
DATE BOARDED	2003/12/02	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1971/07/22	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.107.0111	157/CIB	
2.107.0094	140/RVNGC	
3.107.0056	102/AGCM	
4.107.0034	80/MUC	
5.		
6.