RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 November 2007
	DOCKET NUMBER:  AR20070009197 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. LaVerne M. Douglas

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 award of the Combat Infantryman Badge. 

2.  The applicant states, in effect, that his platoon sergeant in the Republic of Vietnam stated that he was going to recommend his outfit for award of the CIB.

3.  The applicant did not provide any additional documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he enlisted in the Regular Army on 9 February 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist).  The highest rank he attained while on active duty was specialist four/E-4.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 29 January 1969.

3.  The applicant's records further show that he served in the Republic of Vietnam during the period 27 September 1966 through 24 September 1967.  He was assigned to the 581st Supply Company (Heavy Material).  He also served a second tour in the Republic of Vietnam during the period 29 June 1968 through 27 January 1969.  He was assigned to Company A, 4th Supply and Transportation (S&T) Battalion, 4th Infantry Division. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not include the CIB in the list of awards earned by the applicant during his active duty tenure.  Item 24 shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and 3 Overseas Service Bars.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge.  There are no General Orders in the applicant's records that show he was awarded the Combat Infantryman Badge.

6.  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.

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

8.  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.

9.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  Headquarters, U.S. Army Ninth Field Artillery Missile Group, Fort Sill, Oklahoma, Special Orders Number 92, dated 20 May 1968, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 6 May 1968. 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, based on Department of the Army General Orders Number 53, dated 1970.

12.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phases III, IV, V, and VI 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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while the applicant was assigned to the 581st Supply Company, in the Republic of Vietnam, this unit was awarded the Meritorious Unit Commendation, based on the Department of the Army General Order Number 18 dated 1979.

15.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal

16.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge.

2.  Evidence of record shows that the applicant did not hold a qualifying MOS, was not assigned to an infantry unit during such time as the unit is engaged in active ground combat, and did not actively participate in such ground combat.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

3.  Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his records to show this award.

4.  Orders show that the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal-First Class.  Therefore, he is entitled to correction of his records to show these awards.

5.  Evidence of record shows that the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

5.  Evidence of record shows that the applicant was assigned to a unit that was awarded the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show this award.

6.  Evidence of record confirms that the applicant served honorably during the period 9 February 1966 through 29 January 1969.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__klw___  __lmd___  __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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Good Conduct Medal for the period 9 February 1966 through 29 January 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-16), the Meritorious Unit Commendation, and four bronze service stars to be affixed to his already-awarded 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.



							Kenneth L. Wright
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070009197
SUFFIX

RECON

DATE BOARDED
20071106
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.