IN THE CASE OF:	  

		BOARD DATE:	        26 August 2008

		DOCKET NUMBER:  AR20080010129 


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 held an infantry specialty and served as a company advisor to a Cambodian Training project under the 5th Special Forces Group in the Republic of Vietnam from December 1970 to December 1971, and that the CIB was left off his records.  

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

	a.  DD Form 214 (Report of Separation from Active Duty), dated 25 March 1977.

	b.  DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 26 March 1972 and 26 March 1970. 

	c.  Certificate, Citation, and General Orders Number 43, dated 8 January 1973, awarding the applicant the Bronze Star Medal.

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 20 March 1970.  On 26 March 1970, the applicant was discharged for the purpose of enlistment in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He was honorably discharged on 26 March 1972 for the purpose of immediate reenlistment and reenlisted for a period of 5 years on 27 March 1972.  He was honorably discharged from active duty on 25 March 1977.  The highest rank/grade he attained during his military service was staff sergeant (SSG)/E-6.

3.  The applicant's records further show that he served in the Republic of Vietnam from 21 January 1972 to 26 November 1972.  He was assigned to the U.S. Army Advisory Group, U.S. Military Assistance Command, Vietnam.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, dated 26 March 1972 shows he was awarded the Parachutist Badge, the National Defense Service Medal, and the Vietnam Service Medal.  Item 24 of this DD Form 214 does not show award of the CIB.

5.  Item 24 of the applicant’s DD Form 214, dated 25 March 1977, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal [with Device (1960)], the Master Parachutist Badge, the Good Conduct Medal (2nd Award), the Expert Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm [Unit Citation].  Item 24 of this DD Form 214 does not show award of the CIB.

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

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

8.  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.  

9.  The applicant’s records contain a DA Form 2496-1 (Disposition Form), dated 14 August 1972, in which the applicant’s commander recommended the applicant be awarded the CIB.  This Disposition Form further reveals the applicant was assigned as a company advisor to the 3rd Company, 40th Khmere Infantry Battalion.  He was a member of a reconnaissance platoon-size element that ambushed an estimated 6-8 enemy soldiers and received return hostile fire while in the ambush position.  The applicant returned fire with small arms and made a sweep through the area and engaged the withdrawing enemy.  This contact resulted in 2 enemy soldiers killed in action (KIA), 1 enemy soldier very seriously wounded in action (WIA), and the recovery of weapon systems and an unknown amounts of documents, as well as the discovery of an extensive tunnel complex.

10.  On 21 August 1972, the Chief, Army Advisory Group recommended approval of award of the CIB and on 24 August 1972, the Chief of Administrative Management also recommended approval.  Furthermore, on 1 September 1972, the Awards Officer, Office of Administrative Services, also recommended approval of award of the CIB.  

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.  Headquarters, Army Advisory Group, U.S. Military Assistance Command, Vietnam, General Orders Number 43, dated 8 January 1973, show the applicant was awarded the Bronze Star Medal, for meritorious service in connection with military operations against a hostile force, in the Republic of Vietnam, from January 1972 to November 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 Consolidation II and the Vietnam Cease Fire campaigns during his tour of duty in the Republic of 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the CIB was carefully considered and was found to have merit.  The evidence of record shows that the applicant was awarded an infantry MOS and was assigned as a company advisor to an infantry unit of brigade, regiment, or smaller size, and was an active participant in combat while assigned to that infantry unit when it engaged the enemy during an ambush on 14 August 1972.   Furthermore, his chain of command recognized his entitlement to this award at the time and recommended him for the award.  Therefore, the applicant is entitled to award of the CIB and correction of his records to show this award. 

2.  General Orders awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force, in the Republic of Vietnam, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.  

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

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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:

	a.  awarding the applicant the Combat Infantryman Badge for combat actions on 14 August 1972; and

	b.  showing award of the Combat Infantryman Badge, the Bronze Star Medal, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


															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)                                         AR20080010129



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ABCMR Record of Proceedings (cont)                                         AR20080010129



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