RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 August 2005 DOCKET NUMBER: AR20050001258 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. Michael J. Fowler Analyst The following members, a quorum, were present: Mr. John Slone Chairperson Ms. Deborah Jacobs Member Mr. Michael J. Flynn 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 awards of the Air Medal and the Combat Infantryman Badge. 2. The applicant states, in effect, that he was awarded the Air Medal and Combat Infantryman Badge prior to his discharge but they are not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 3. The applicant provides no documentation in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of alleged errors which occurred on 4 August 1971. The application submitted in this case is dated 17 December 2004. 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 was inducted on 25 September 1969 and successfully completed basic training and advanced individual training (AIT). He was awarded military occupational specialty (MOS) 45J (Armorer). 4. The applicant arrived in Vietnam and was assigned to A Troop, 7th Squadron, 1st Cavalry Division on or about 8 August 1970 where he performed duties as a senior aircraft armorer. He departed Vietnam on or about 31 July 1971 after being credited with participating in two campaigns. He was honorably separated on 4 August 1971. 5. The applicant's DD Form 214 with the ending period of 4 August 1971 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and Army Good Conduct Medal. 6. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge. 7. Headquarters, 1st Aviation Brigade, General Orders Number 4341, dated 31 May 1971 show that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight during the period 1 September 1970 through 2 September 1970. 8. Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 9. Army Regulation 600-8-22 (Military Awards) 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. 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 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. 10. Army Regulation 600-8-22 (Military Awards) 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 the MOS 45J (Armorer) upon completion of AIT. There is no evidence that he was awarded an infantry MOS. Evidence of record further shows that he performed duties as an aircraft armorer the entire time he spent in Vietnam. There is no evidence that the applicant served in an infantry specialty and/or served in an infantry unit of regimental size or smaller in ground combat all of which are required by regulation for award of the Combat Infantryman Badge. 2. In view of the foregoing, the applicant does not meet the eligibility criteria for award of the Combat Infantryman Badge. 3. Records show that the applicant was awarded the Air Medal. His DD Form 214 should be amended to add this award. 4. The evidence of record shows he is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His participation in two campaigns which entitles him to two bronze service stars to be worn on his Vietnam Service Medal. Therefore, his DD Form 214 should be amended to add these awards. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __ JS ___ __ DJ ___ __ MJF _ GRANT PARTIAL 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 to show award of the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be worn on his Vietnam Service Medal. 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 Combat Infantryman Badge. _____Mr. John Slone ____ CHAIRPERSON INDEX CASE ID AR20050001258 SUFFIX RECON DATE BOARDED 11 August 2005 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION PARTIAL GRANT REVIEW AUTHORITY Mr. Schneider ISSUES 1. 2. 3. 4. 5. 6.