RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20080000444 


	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.


 

Director

 

Analyst
      The following members, a quorum, were present:


 

Chairperson

 

Member

 

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 that his records be corrected to show he was authorized the Combat Infantryman Badge.

2.  The applicant states he earned a Combat Infantryman Badge and would like to make sure his records are correct.  After 40 years, he has lost his copy of the orders. 

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge). 

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.  On 3 May 1966, the applicant entered active duty with a guarantee of training in an infantry military occupational specialty (MOS) and for airborne training.  He was honorably released from active duty with 3 years of creditable service on 2 May 1969.  

3.  In addition to basic and advanced individual training the applicant also completed basic airborne training.  The reason he was converted to a food service specialist is not of record.

4.  The available documents in the applicant's Official Military Personnel File do not include any orders for any awards or decorations, nor are his Service Medical Records available.




5.  His DA Form 20 ( Enlisted Qualification Record) shows the following:

	a.  on 23 September 1966, he was awarded MOS 11B (Light Weapons Infantryman); on 5 November 1966, MOS 93A (Food Service Apprentice); on 
13 March 1967, MOS 94B (Cook) and on 12 March 1968, MOS11B2P (Light Weapons Infantryman-Parachutist Qualified); 

	b.  advancement to sergeant (E-5);

	c.  service in Vietnam with Company E, Long Range Patrol (LRP), 20th Infantry Regiment (Airborne) from 25 September 1967 through 3 May 1968;

	d.  his duty assignment when he was first assigned to Company E was as a 94B, cook, with a redesignation as an 11B2P, rifleman, on 12 March 1968;

	e.  on 4 May 1968 the applicant was medically evacuated from Vietnam;

	f.  his conduct and efficiency ratings are reported as exclusively excellent;

	g.  he served during two campaign periods; and

	h.  he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "1960" Device, and the Parachutist Badge.

6.  The DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with "1960" Device, and the Parachutist Badge.

7.  The term LRP, was a term used by the Army for small reconnaissance units working behind enemy lines for extended periods of time.   Originally LRP personnel were volunteers drawn from infantry, artillery, engineer, signal, medical, military police, food service, parachute riggers and other Army units.  LRPs were typically used to reconnoiter the landscape to ensure accurate maps, scout enemy troop strength and location, cache supplies for future use, and then sneak back out without getting caught.  They were also used for special combat missions of wiretapping, prisoner snatch, platoon and company size raid missions, and bomb damage assessment.  



8.  A review of the Company E (LRP), 20th Infantry Regiment unit history includes the following:  

	a.  E Company, as an LRP, was created on 25 September 1967.  On 1 February 1969 it was merged with the 75th Infantry Regiment when all LRPs in Vietnam were converted from their LRP designations to become Ranger companies; and

	b.  The bulk of the volunteers for the LRPs were Soldiers who had not had a chance to attend the formal Ranger or Special Forces schools.  Training was on-the-job and included at least one combat mission.  Volunteers were assigned but not fully accepted in the various companies, until, after a series of patrols, the volunteer had passed the acid test of combat and were accepted by their peers.  Soldiers remained with their units through some of the most difficult patrolling action(s) in Army’s history, and frequently fought much larger enemy forces when compromised on their reconnaissance missions.

9.  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 while the applicant was assigned to Company E, 20th Infantry Regiment it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

10.  Army Regulation 600-2-8 (Military Awards) sets forth the following:

	a.  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 active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20;

	b.  there are three basic requirements for award of the Combat Infantryman Badge.  The enlisted Soldier must have an infantry specialty, he must be satisfactorily performing infantry duties while assigned or attached to an 
infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and he must be personally present and under hostile fire while serving in that unit; and

	c.  authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods: the Counteroffensive Phase III, 1 June 1967 – 29 January 1968; the Tet Counteroffensive, 30 January 1968 – 1 April 1968; and the Counteroffensive Phase IV, 2 April 1968 – 30 June 1968.

DISCUSSION AND CONCLUSIONS:

1.  In order to qualify for the Combat Infantryman Badge a Soldier has to be shown to have held an infantry specialty, satisfactorily performed infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and to have actively participated in such ground combat.  

2.  The applicant completed airborne training but for unknown reasons became a cook.  He was assigned duty in Vietnam as a cook and volunteered to join the Company E, LRP unit, as a rifleman.  Upon completion of his on-the-job training, which included completing combat missions, he was again awarded the MOS of 11B2P as a parachute qualified light weapons infantryman and served in that capacity until he was medically evacuated from Vietnam.

3.  Therefore, based on his volunteering to become a member of the LRP, his award of MOS 11B2P and service during the Tet Counteroffensive, it is reasonable to assume that he did in fact actively participate in ground combat and is entitled to award of the Combat Infantryman Badge. 

4.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 3 May 1966 through 2 May 1969.

5.  In addition to the awards listed on his DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and to wear three bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

___X_ __  ___X___  ___X_____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Combat Infantryman Badge; the Good Conduct Medal, for his period of service from 3 May 1966 through 2 May 1969; and by showing he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and to wear three bronze service stars on his Vietnam Service Medal.




      _________X_____________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080000444



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508