RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060009941 


	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.



	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, in effect, that he be awarded the Combat Infantryman Badge.   

2.  The applicant essentially states that his military occupational specialty (MOS) in Vietnam was 11B (Light Weapons Infantryman), and that he was involved with two campaigns during his tour in Vietnam. 

3.  The applicant provides his DA Form 20 (Enlisted Qualification Record) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 20 December 1971, the date of his release from active duty.  The application submitted in this case is dated 29 June 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’s records show that he was inducted into the Army of the United States on 4 August 1970.  He completed basic and advanced individual training and was awarded MOS 11B.  He departed for the Republic of Vietnam on 
10 January 1971, and initially served with Company A, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division.  On 30 March 1971, he was reassigned to Headquarters and Headquarters Company (HHC), 3rd Brigade, 1st Cavalry Division.  On 2 August 1971, he was reassigned to HHC, 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division.  On 1 September 1971, he was then reassigned to Company B, 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division.  On 18 September 1971, he was reassigned back to HHC, 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division.  He returned to the continental United States on 19 December 1971, and was honorably released from active duty on 20 December 1971.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with 1960 Device.

4.  Although the applicant possessed an infantry MOS and served in infantry units while in Vietnam, there is no evidence in the applicant’s records which shows that he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.  It was noted that the applicant was awarded the Bronze Star Medal and two Army Commendation Medals for meritorious achievement in connection with military operations against a hostile enemy force between 20 January 1971 and 10 August 1971.  However, the orders awarding him these medals do not specifically state that he personally engaged the enemy in combat.  There are also no citations in his military records to accompany these awards that conclusively show that he personally engaged in combat with the enemy.  The applicant also did not provide any evidence which conclusively shows that he personally engaged in combat with the enemy. 

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant’s DD Form 214 shows that he was only awarded one Army Commendation Medal.  However, he was awarded his first Army Commendation Medal by Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 4793, dated 5 March 1971.  He was awarded his second Army Commendation Medal by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) General Orders Number 1743, dated 25 September 1971.

7.  The applicant’s records show that he served 1 year, 4 months, and 17 days of continuous active duty service from 4 August 1970 to 20 December 1971.  However, his DD Form 214 does not show that he was awarded the Good Conduct Medal for this period of service.  His conduct and efficiency ratings were rated as "excellent" or “unknown” for the entire qualifying period of service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.

8.  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 HHC, 1st Battalion, 12th Infantry Regiment, the unit was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 5, dated 1985.  This document also shows that at the time of the applicant’s assignment to Company A, 1st Battalion, 5th Cavalry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972.

9.  The applicant’s DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and Machinegun Bar.  It also does not show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar and Hand Grenade Bar.  However, he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and Machinegun Bar by Headquarters, United States Army Training Center (Infantry) and Fort Polk, Fort Polk, Louisiana Special Orders Number 322, dated 
24 November 1970.  This special order also awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Additionally, the applicant was awarded the First Class Grenadier Bar by Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, South Carolina Special Orders Number 149, dated 7 October 1970.  The First Class Grenadier Bar was later renamed the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar. 

10.  The applicant’s records show that he was awarded the Vietnam Service Medal with two bronze service stars to signify his participation in two campaigns during his tour in Vietnam.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his tour in Vietnam, the applicant was credited with participating in the Vietnam Counteroffensive Phase VII campaign, the Consolidation I campaign, and the Consolidation II campaign.

11.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy.  

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent” or “unknown” for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge.

2.  Although the applicant possessed an infantry MOS and served in an infantry units while in Vietnam, there is no evidence in the applicant’s records which shows that he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.  The fact that the applicant was awarded the Bronze Star Medal and two Army Commendation Medals for meritorious achievement in connection with military operations against a hostile enemy force between 20 January 1971 and 10 August 1971 was noted.  However, there are also no citations in his military records to accompany these awards that conclusively show that he personally engaged in combat with the enemy, and the applicant also did not provide any evidence which conclusively shows that he personally engaged in combat with the enemy.  Regrettably, absent such evidence, there is insufficient basis for awarding the Combat Infantryman Badge to the applicant in this case.

3.  The applicant was awarded two Army Commendation Medals during his tour in Vietnam which are not properly shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal with First Oak Leaf Cluster.

4.  The applicant served 1 year, 4 months, and 17 days of continuous enlisted active duty service from 4 August 1970 to 20 December 1971.  His conduct and efficiency ratings were rated as "excellent" or “unknown” for the entire qualifying period of service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal for the period 4 August 1970 to 20 December 1971, and correction of his military records to show the award of the Good Conduct Medal.

5.  General orders awarded the Valorous Unit Award to HHC, 1st Battalion, 12th Infantry Regiment while the applicant was assigned to this unit.  General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Company A, 1st Battalion, 5th Cavalry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.

6.  Special orders effectively awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar and Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar and Hand Grenade Bar.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with Rifle Bar and Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar and Hand Grenade Bar. 

7.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already awarded Vietnam Service Medal.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 December 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
19 December 1974.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case.

BOARD VOTE:

___JA___  ___SF __  ___RV __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined during their review that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  showing award of the Army Commendation Medal with First Oak Leaf Cluster;

b.  awarding him the Good Conduct Medal for the period from 4 August 1970 to 20 December 1971 while serving as a sergeant;

c.   awarding him the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

d.  showing award of the Expert Marksmanship Qualification Badge with Rifle Bar and Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar and Hand Grenade Bar; and   

e.  showing three bronze service stars to be affixed to his already awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is sufficient to award the applicant the Combat Infantryman Badge.  This determination is based on a unanimous vote in that the applicant was assigned to a combat infantry unit while in Vietnam during his tour.  During the period 10 January to 18 December 1971 he was assigned to line companies for duty as an infantryman.  Therefore, it must be presumed that during his assignment to the line companies as an infantryman, he was exposed to, and by presumption, participated in hostile action with an enemy force.  His record reflects satisfactory duty while so assigned. 




____James Anderholm_______
          CHAIRPERSON




INDEX

CASE ID
AR20060009941
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070306
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0111.0000
2.
107.0020.0000
3.
107.0056.0000
4.
107.0033.0000
5.
107.0094.0000
6.
107.0108.0000 (RIFLE AND MACHINEGUN)
7.
107.0109.0000 (PISTOL AND HAND GRENADE)
8.
107.0073.0000
9.
110.0400.0000