IN THE CASE OF:	  

	BOARD DATE:	  20 May 2008

	DOCKET NUMBER:  AR20080004507 


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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states that he served as an infantryman with Company B, 3rd Battalion, 21st Infantry, 196th Infantry Brigade, in the Republic of Vietnam, from 25 February 1970 to 24 December 1970.  He adds that he was in combat with this unit and is, therefore, entitled to the CIB.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Extract of his DA Form 20 (Enlisted Qualification Record), dated 27 March 1972.

	b.  DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 6 March 1970 and 18 December 1972.

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 was inducted into the Army of the United States on 19 March 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantry).  He was honorably discharged on 6 April 1970 and reenlisted for a period of 3 years on 7 April 1970.  The highest rank/grade he attained during this period of military service was sergeant (SGT)/E-5.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 18 December 1972.

3.  The applicant's records further show that he served in the Republic of Vietnam from 12 February 1970 to 24 December 1970 as follows:  

	a.  from 12 February 1970 to 6 April 1970, he was assigned to Company B, 3rd Battalion, 21st Infantry, 196th Infantry Brigade, as a squad leader; and

	b.  from 7 April 1970 to 24 December 1970, he was assigned to Headquarters and Headquarters Company, 196th Infantry Brigade, as a radio operator.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, dated 18 December 1972, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 24 does not show award of the CIB.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the CIB.  

6.  There are no General Orders in the applicant's records that show he was awarded the CIB.

7.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any CIB Orders on file for the applicant.  

8.  The applicant’s records further show that he enlisted in the South Carolina Army National Guard (SCARNG) on 19 December 1972.  He remained in the ARNG and was subsequently promoted to staff sergeant (SSG)/E-6 on 1 March 1984.  

9.  On 12 September 1990, the applicant was ordered to active duty in support of Operations Desert Shield/Storm and subsequently served in Southwest Asia from 6 November 1990 to 15 April 1991.  He was honorably relived from active duty and reverted back to his ARNG status on 14 May 1991.  Item 13 of the DD Form 214 he was issued on 14 May 1991 does not show award of the CIB.  

10.  The applicant remained in the SCARNG until he was transferred to the Retired Reserve on 21 August 1996, in the rank/grade of sergeant first class (SFC)/E-7. 

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the CIB.  This regulation 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.  During the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  

12.  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.

13.  Review of the applicant's records indicates his entitlement to additional awards 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 during the period 31 March 1970 to 30 June 1970, based on Department of the Army General Orders Number 42, dated 1972.

15.  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.

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII 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.

17.  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.  Furthermore, Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows his conduct and efficiency ratings were “Excellent” during his active duty service.

18.  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 should be awarded the CIB. 

2.  The applicant's contention that he is entitled to award of the CIB was carefully considered.  The evidence of record shows that the applicant was awarded the MOS 11B (Infantryman) and was assigned to an infantry unit of brigade, regimental or smaller size; however, the applicant has not provided sufficient evidence showing that he was directly involved in ground combat.  In the absence of evidence that the applicant was an active participant in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

3.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

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

5.  Evidence of record confirms that the applicant served honorably during the period 19 March 1969 to 18 March 1972.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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:

	a.  awarding the applicant the Good Conduct Medal (1st Award), in the rank of SGT, for exemplary behavior, efficiency, and fidelity during the period 19 March 1969 to 18 March 1972; and

	b.  showing award of the Good Conduct Medal (1st Award); the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, on the applicant's DD Form 214, dated 14 May 1991.

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 Combat Infantryman Badge.




							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)                                         AR20080004507



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ABCMR Record of Proceedings (cont)                                         AR20080004507



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