RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 April 2007 DOCKET NUMBER: AR20060013849 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. Gerard W. Schwartz Acting Director Mr. Michael J. Fowler Analyst The following members, a quorum, were present: Ms. Linda D. Simmons Chairperson Mr. Jeffrey C. Redmann Member Mr. Scott W. Faught Member 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 correction of his records to show award of the Combat Infantryman Badge. 2. The applicant states, in effect, that he served eight months in combat with the 1st Battalion, 501st Infantry while in Vietnam. The applicant states that he is entitled to the award of the Combat Infantryman Badge. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 10 November 1971. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 10 November 1971. The application submitted in this case is dated 2 October 2006. 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 limitations 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 17 March 1970 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 4. The applicant arrived in Vietnam and was assigned to E Company, 1st Battalion (Ambulance), 501st Infantry, 101st Airborne Division on 15 October 1970 where he performed duties as a rifleman. His DA Form 20 (Enlisted Qualification Record) shows that he received an unsatisfactory rating for conduct and efficiency while assigned to E Company, 1st Battalion (Ambulance), 501st Infantry. 5. On 11 May 1971, the applicant was assigned and admitted to the 95th Evacuation Hospital. 6. On 30 September 1971, a Physical Evaluation Board (PEB) found the applicant unfit due to schizophrenia reaction, chronic, catatonic type, with history of heavy drug abuse, slight. 7. The applicant departed Vietnam on or about 2 June 1971 after being credited with participating in one campaign. On 10 November 1971, the applicant was honorably released from active duty after completing 1 year, 7 months, and 24 days by reason of physical disability. 8. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) with the ending period of 4 October 1967 shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge (Rifle M-16). 9. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge. 10. 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 MOS. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. The Awards Branch of the U.S. Army Human Resources Command 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. 11. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. 12. Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960). This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 13. 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 that, at the time of the applicant’s assignment to the 1st Battalion, 501st Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 through 9 October 1971 based on Headquarters, Department of the Army General Orders Number 6, dated 1974. 14. Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows that the applicant was awarded an infantry MOS and that he served in an infantryman position. However, evidence shows that he did not satisfactorily perform infantry duties while assigned in Vietnam and thus evidence shows he is ineligible for the Combat Infantryman Badge. 2. The evidence of record shows the applicant is eligible for award of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His participation in one campaign entitles him to one bronze service star to be worn on his Vietnam Service Medal. Therefore, his DD Form 214 should be amended to add these awards. 3. Evidence shows that the applicant’s records contain administrative errors which do 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 3 of the BOARD DETERMINATION/RECOMMENDATION section below. 4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 November 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 November 1974. 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 timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __LDS __ __JCR __ ___SWF_ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. As a result, the Board further determined that there is no evidence provided which shows that it would 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. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. 3. The Board determined that administrative errors in the records of the individual concerned should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by amending his DD Form 214 with the ending period 10 November 1971 to add the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. ____ Linda D. Simmons __ CHAIRPERSON INDEX CASE ID AR20060013849 SUFFIX RECON DATE BOARDED 5 APRIL 2007 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY MR. SCHWARTZ ISSUES 1. 107.0111.0000 2. 3. 4. 5. 6.