RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 November 2005 DOCKET NUMBER: AR20050001792 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. Yvonne Foskey Analyst The following members, a quorum, were present: Mr. Thomas D. Howard Chairperson Mr. John Infante Member Ms. Carmen Duncan 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 award of the Combat Infantryman Badge (CIB) and Bronze Star Medal (BSM). 2. The applicant states, in effect, unlike other members of his unit, he never received the CIB and BSM for his tour in the Republic of Vietnam (RVN). 3. The applicant provides no documentary evidence in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice that occurred on 7 September 1971. The application submitted in this case is dated 26 January 2005. 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’s record shows he was inducted into the Regular Army and entered active duty on 8 December 1969. He was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewman), and the highest rank he attained while serving on active duty was private first class (PFC). 4. The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 2 October 1970 through 12 August 1971. During his RVN tour, he was assigned to the Troop E, 17th Cavalry, 173rd Airborne Brigade, performing duties in MOS 11E as an Armor Crewman. 5. Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he earned the following awards during his tenure on active duty: Parachutist Badge, Vietnam Service Medal (VSM), National Defense Service Medal (NDSM), RVN Campaign Medal with 60 Device, and 1 Oversea Service Bar. 6. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders, or other documents showing he was ever recommended for or awarded the CIB or BSM. 7. On 7 September 1971, the applicant was honorably released from active duty after completing a total of 1 year and 9 months of active military service. The DD Form 214 he was issued at the time shows he earned the following awards: NDSM, Parachutist Badge, VSM with 1 bronze service star, RVN Campaign Medal with 60 Device, and 1 Overseas Service Bar. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Chapter 8 of the award regulations contains guidance on award of combat badges. It states, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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 Human Resources Command (HRC) has advised, in similar a case, 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. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 3-13 of the awards regulation outlines the criteria for award of the BSM. It states, in pertinent part, that it is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. This awards, as with all individual awards must be requested on a Recommendation for Award (DA Form 638, and must be approved by the proper award authority. 10. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicant’s unit (17th Cavalry) received the RVN Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with Palm Unit Citation. DISCUSSION AND CONCLUSIONS: 1. The applicant’s claim of entitlement to the CIB and BSM was carefully considered. However, there is insufficient evidence to support this claim. During the Vietnam era, award of the CIB was authorized for enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. 2. The evidence of record confirms the applicant held and served in MOS 11E, performing duties as an armor crewman during his RVN tour. By regulation, this MOS was not among the infantry MOS that qualified for award of the CIB. As a result, the regulatory criteria necessary to support award of the CIB has not been satisfied in this case. 3. The applicant's record is void of any orders, or other documents that indicate he was ever recommended for, or awarded the BSM. Further, this award is not included in the list of awards contained in Item 41 of his DA Form 20, or in his DD Form 214, which he authenticated with his signature on the date of his separation. In effect, this signature on the DD Form 214 confirms the information contained on the separation document, to include the list of awards, was correct at the time the DD Form 214 was prepared and issued. 4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement 5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 September 1971. Therefore, the time for him to file a request for correction of any error or injustice expired on 6 September 1974. He failed to 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. 6. The record confirms the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation. The omission of these awards from his record is an administrative matter that does not require Board action. As a result, the Case Management Support Division (CMSD), St. Louis, Missouri will be requested to make the necessary corrections as outlined in paragraph 3 of the of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __TDH__ ___JI ___ ___CD __ 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 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 his entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and by providing him a corrected separation document that includes these changes. ____Thomas D. Howard____ CHAIRPERSON INDEX CASE ID AR20050001792 SUFFIX RECON YYYYMMDD DATE BOARDED 2005-11-03 TYPE OF DISCHARGE HD DATE OF DISCHARGE 1971/09/07 DISCHARGE AUTHORITY AR635-200 . . . . DISCHARGE REASON Chapter 5 BOARD DECISION DENY REVIEW AUTHORITY Mr. Chun ISSUES 1. 107 2. 3. 4. 5. 6.