RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20080002115 


	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 he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states that he was never issued the CIB for his infantry tour of duty in Vietnam.  He further states that he was a light weapons infantryman in Vietnam from 3 August 1969 to 17 February 1970 and on two different occasions the men beside him were wounded in combat.  During a 9-day period in January 1970, they had a total of three men wounded and one man killed.  He continues by stating that he needs the award of the CIB to support his claim with the Department of Veterans Affairs (VA).  

3.  The applicant provides a copy of is DD Form 214 for the period in question, a copy of his Air Medal (AM) Certificate, and a copy of an inscription from the Vietnam Wall Memorial of a Soldier who was killed in action on 18 January 1970. 

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, through somewhat incomplete, show he was inducted in Phoenix, Arizona on 27 February 1969 and was transferred to Fort Bliss, Texas to undergo his basic combat training (BCT).  He completed his BCT and was transferred to Fort Ord, California to undergo his advanced individual training as a light weapons infantryman.

3.  He completed his AIT and was transferred to Vietnam on 3 August 1969 for assignment to Company B, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division, located south of Pleiku at Camp Enari.

4.  On 17 February 1970, the applicant was honorably discharged for the purpose of immediate reenlistment.  He had served 11 months and 21 days of total active service and his DD Form 214 indicates that he was awarded the National Defense Service Medal and the Vietnam Service Medal (VSM).

5.  On 18 February 1970, he reenlisted for a period of 3 years and training as a general draftsman.  He was reassigned to a maintenance unit in Cha Rang under the control of the United States Army Support Command, QUI Nhon. 

6.  On 9 May 1970, General Orders Number 2827 were published by Headquarters, 4th Infantry Division which awarded the applicant the Air Medal (AM) for the period of 15 August 1969 to 15 February 1970.

7.  On 12 August 1970, General Orders Number 824, issued by United States Army Support Command – QUI NHON awarded the applicant the Army Commendation Medal (ARCOM) for the period of September 1969 to August 1970.

8.  The applicant departed Vietnam on 22 September 1970 and was transferred to Fort Benning, Georgia.  He was promoted to the pay grade of E-5 on 1 June 1971 and on 26 June 1972, he was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200 and Department of the Army message 102035Z December 1971, which provided for a 12-month early release in order to join an Army National Guard unit.  He had served 2 years, 11 months and 11 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was awarded the National Defense Service Medal, the VSM with three bronze service stars, and the Republic of Vietnam Campaign Medal.  

9.  A review of the available records fails to show any indication that the applicant was awarded the CIB or that he engaged the enemy in combat while assigned as an infantryman to an infantry unit in Vietnam.  However, it is noted that the applicant’s records are void of any derogatory information that would have served to disqualify him for award of the Army Good Conduct Medal (AGCM).

10.  Army Regulation 600-8-22 (Military Awards) 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.
 
11.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active 
Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  
   
DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he should have been awarded the CIB while serving as an infantryman in Vietnam is not in doubt, the applicant has simply failed to show through the evidence submitted with his application and the available records, sufficient evidence to establish that he qualified for award of the CIB at the time.  Therefore, in the absence of sufficient evidence to show that he engaged the enemy in combat while serving as an infantryman in an infantry unit in Vietnam, there appears to be no basis to award him the CIB at this time.  

2.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from 27 February 1969 through 26 January 1972.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  
 
3.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, this error should be corrected and the applicant should receive the AGCM at this time. 
  
4.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation and to have his awards of the ARCOM and AM added to his records. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__PHM __  __KSJ__  __JGH__   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 by awarding him the AGCM for the period of 27 February 1969 to 26 January 1972, while serving in the rank of specialist five (SP5), by awarding him the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation and by adding his awards of the AM and ARCOM to his records.

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 award of the CIB.




3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.
  




      ___        PHM                ___
                CHAIRPERSON
      

ABCMR Record of Proceedings (cont)                                         AR20080002115



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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