IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080005103 


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 that he is entitled to award of the CIB because he was a combat Soldier in Vietnam. 

3.  The applicant provides a copy of his report of separation (DD Form 214). 

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 enlisted in the Regular Army in Syracuse, New York on 28 August 1969 for a period of 2 years.  He underwent his training at Fort Dix, New Jersey and was transferred to Vietnam on 28 January 1970.
3.  The applicant was assigned to Company D, 51st Infantry Regiment in Cam Ranh Bay, South Vietnam for duty as a light weapons infantryman.  At the time of the applicant’s arrival, his unit was under the control of the 97th Military Police Battalion.  It subsequently came under control of the United States Army Support Command Cam Ranh Bay (USASUPCOM-CRB).

4.  The applicant was promoted to the rank of sergeant on 16 December 1970 by Special Orders Number One issued by USASUPCOM-CRB on 1 January 1971.

5.  The applicant departed Vietnam on 2 April 1971 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) on 3 April 1971 as an overseas returnee.  He had served 1 year, 7 months and 6 days of total active service and was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), and the Vietnam Campaign Medal.

6.  A review of the applicant’s Official Military Personnel File (OMPF) failed to show that he was ever awarded the CIB.  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, also failed to produce an order awarding the applicant the CIB or any other awards.

7.  However, a review of his records did show that he had excellent conduct and efficiency ratings throughout his service and there is no derogatory information in his records that would serve to disqualify him for award of the Good Conduct Medal (GCMDL).

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  There is no automatic entitlement to the CIB.  

9.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (GCMDL).  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 GCMDL.

10.  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  Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in three campaigns while assigned to Vietnam and is entitled to be awarded three bronze service stars for wear on his already-awarded VSM.  
   
DISCUSSION AND CONCLUSIONS:

1.  While the applicant was an infantryman assigned to an infantry company in Vietnam, that alone does not entitle him to award of the CIB.  A review of the available records shows no indication that he was ever recommended for award of the CIB or that he ever engaged enemy forces in ground combat as a member of his infantry company.  Therefore, absent such information, there appears to be no basis to award him the CIB at this time.  

2.  However, after carefully examining the applicant’s record of service, it was determined that the applicant should have received the GCMDL for his service from 28 August 1969 through 3 April 1971.  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 GCMDL 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 GCMDL 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, the Board determined that this error should be corrected and the applicant should receive the GCMDL 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 three bronze service stars for wear on his already-awarded VSM.




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 awarding him the GCMDL for the period of 28 August 1969 to 3 April 1971, while serving in the rank of SGT, and by awarding him the RVNGC w/Palm Unit Citation and three bronze service stars for wear on his already awarded VSM. 

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.
  




      ___        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)                                         AR20080005103



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ABCMR Record of Proceedings (cont)                                         AR20080005103



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