IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080003188 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (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 believes he should have been awarded the CIB because he participated in combat operations against enemy forces in Vietnam.

3.  The applicant provides a copy of his DD Form 214, a copy of his Enlisted Qualification Record (DA Form 20) and an article from the 9 February 1970 issue of the “Tropic Lightning News,” the newsletter of the 25th Infantry Division, which discusses combat operations of Company B, 3rd Battalion, 22nd Infantry Regiment.

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 was born on 9 September 1948 and was inducted in Milwaukee, Wisconsin on 10 July 1969.

3.  He underwent his basic combat training at Fort Campbell, Kentucky and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam 7 December 1969.  

4.  The applicant was assigned to Company B, 3rd Battalion, 22nd Infantry regiment, 25th Infantry Division for duty as a rifleman.  He was advanced to the pay grade of E-4 on 24 April 1970.  

5.  He departed Vietnam on 11 November 1970 and was transferred to Fort Benning, Georgia, where he remained until he was honorably discharged on 11 May 1971 for hardship reasons.  He had served 1 year, 10 months and 2 days of total active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal, the Air Medal (AM), the Army Commendation Medal, the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, and 2 Overseas Service Bars.

6.  A review of the available records fails to show that the applicant was awarded the CIB or that he actively engaged the enemy in combat while in Vietnam.  However, a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, shows that the applicant was awarded the Bronze Star Medal (BSM) for meritorious service in General Orders Number 11520, dated 29 November 1970, issued by Headquarters 25th Infantry Division. He was also awarded a second award of the AM (AM w/numeral 2) in General Orders Number 154, dated 21 January 1971, issued by Headquarters, II Field Force Vietnam.  However, those awards were not entered on his DD Form 214.   

7.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.
   
8.  Army Regulation 600-8-22 also provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and enlisted Soldiers who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  
Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.

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, at the time of the applicant’s assignment to Vietnam, his unit was awarded 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.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s contention that he is entitled to the award of the CIB is not in doubt, there is no evidence in the applicant’s military records, and the applicant has not provided sufficient evidence to show that he engaged the enemy in active ground combat.  Participation in combat operations alone is not sufficient to establish this requirement. 

2.  The lack of sufficient evidence coupled with the passage of time (38 years) makes it difficult at best to establish if the applicant met the criteria for award of the CIB.  Therefore, in the absence of such evidence, it must be presumed that what the Army did at the time was correct.  Accordingly, there appears to be no basis to award him the CIB at this time.  

3.  However, the evidence of record does establish that he was awarded the BSM and AM w/numeral “1” and he is entitled to the awards of the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.  Accordingly, it would be in the interest of justice to award him the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation and to add them along with his awards of the BSM and AM w/numeral “1” to his records at this time.  
   
4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by awarding him the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation and to add them along with his awards of the BSM and AM w/numeral “1” to his records at this time.

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.



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080003188



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ABCMR Record of Proceedings (cont)                                         AR20080003188



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