RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2007
	DOCKET NUMBER:  AR20060012874 


	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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was awarded the CIB but it was not annotated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 May 1973, the date of his release from active duty.  The application submitted in this case is dated 30 August 2006 and received on
12 September 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.  On 1 June 1971, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 11C20 (Infantry Indirect Fire Crewman).  

4. The applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in the Republic of Vietnam (RVN) from 16 December 1971 through
27 June 1972.  During his RVN tour, he was assigned to Company D, 2nd Battalion, 5th Cavalry, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) from 28 December 1971 through 18 March 1972; and with Headquarters and Headquarters Company, 2nd Battalion, 5th Cavalry, 3rd Brigade (Separate),
1st Cavalry Division (Airmobile) from 19 March – 27 June 1972.  He performed duties as an indirect fire crewman.
 
5.  On 31 May 1973, the applicant was honorably released from active duty at the expiration term of his service.  He was transferred to the U.S. Army Control Group (Annual Training) and honorably discharged on 31 May 1977.
6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not include the CIB in the list of awards earned by the applicant during his active duty tenure.  His DA Form 20 does not show award of the CIB and his official record is also void of any orders awarding him the CIB.

7.  General Orders Number 1673, Department of the Army, Headquarters,
3rd Brigade (Separate), 1st Cavalry Division (Airmobile), dated 9 June 1972, awarded the applicant the Bronze Star Medal for meritorious service in connection with ground operations against a hostile enemy force from December 1971 through June 1972.

8.  Paragraph 8-6 of Army Regulation 600-8-22 (Military Awards) provides for award of the CIB.  This paragraph states that there are basically three requirements for award of the CIB.  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.  Commanders were not allowed to make any exceptions to this policy.

9.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases advised 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.  

10.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the CIB is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
11.  The applicant's records show that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was disqualified for award of the Good Conduct Medal.

12.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

13.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 54, dated 1974. 

15.  The applicant's records show he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in the Consolidation I, Consolidation II, and Vietnam Cease-Fire campaigns.   

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in three campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant was a 2-year inductee.  He was trained as an indirect fire crewman MOS 11C.  He served in Vietnam with the 2nd Battalion, 5th Cavalry, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile).




2.   Orders awarded the applicant the Bronze Star Medal for meritorious achievement while participating in ground operations against a hostile enemy force from December 1971 through June 1972. 

3.  While there are no orders authorizing the applicant the CIB, his infantry MOS and assignment to an infantry unit in Republic of Vietnam for 6 months coupled with his award of the Bronze Star Medal for "ground operations against a hostile enemy force" warrant awarding him the CIB.

4.  The applicant completed a qualified period of active duty enlisted service from 1 June 1971 through 31 May 1973 with excellent conduct and efficiency and no court-martial convictions.  He is therefore entitled to award of the Good Conduct Medal.

5.  The applicant's unit was awarded the Vietnam Gallantry Cross with Palm Unit Citation during his tenure.   He is entitled to have this foreign unit award added to his records.

6.  The applicant served in Vietnam during three campaigns and is entitled to wear three bronze service stars on his Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 May 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
30 May 1976.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__jev___  __phm___  __gjp___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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:

	a.  awarding the CIB;

	b.  awarding the applicant the Good Conduct Medal (First Award) for the qualifying period of 1 June 1971 through 31 May 1973;

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

	d.  awarding three bronze service stars for wear on his Vietnam Service Medal.



						James E. Vick
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060012874
SUFFIX

RECON

DATE BOARDED
20070424
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.
107.0056
3.
107.0094
4.

5.

6.