IN THE CASE OF:	  

		BOARD DATE:	       9 December 2008

		DOCKET NUMBER:  AR20080013483 


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 for 10 months in the "bush" with 
D Company, 4th Battalion, 3rd Infantry and he was awarded the Purple Heart and Bronze Star Medal.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  On 26 February 1970, the applicant enlisted in the Regular Army for a period of 3 years.  He was trained in and awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).  He attained the grade of specialist four/E-4.  On 27 January 1972, he was released from active duty and transferred to the South Dakota Army National Guard.  On 1 February 1976, he was honorably discharged from the USAR upon completion of his statutory military obligation.  His significant personal decorations included the Purple Heart, the Army Good Conduct Medal and the Army Commendation Medal.

3.  The applicant served in the RVN from 26 July 1970 – 25 July 1971.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a rifleman with Company D, 4th Battalion, 3rd Infantry Regiment.  On 28 September 1970, the applicant was wounded in action against the enemy while on a combat operation.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the CIB.  

5.  There are no orders in his official record showing he was awarded the CIB.  His DA Form 20 does not show award of the CIB.

6.  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 U.S. 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.

7.  Paragraph 8-6 of Army Regulation 600-8-22 provides for award of the CIB.  This paragraph 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 and 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.

8.  The Awards Branch of the HRC [formerly known as the Total Army Personnel Command] has advised in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  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.

10.  Review of the applicant's record indicates entitlement to an additional award that is not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the CIB based upon his performance of infantryman duties while in the RVN.

2.   By regulation, in order to qualify for the CIB, in addition to being an infantryman performing infantry duties, and being assigned to an infantry unit when the unit is engaged in active ground combat, the applicant must also show that he was actively participating in ground combat.  

3.  The evidence in the applicant's official record shows he held MOS 11D and performed duties as a rifleman for his entire period of service in the RVN while assigned to an infantry unit.  He was wounded in action against the enemy and received the Purple Heart.  While the applicant did not possess the specific MOS for award of the CIB as stipulated in Army regulations at the time, his MOS was within the general infantry career management field, and his official record clearly shows that he performed the duties of a rifleman.  Given the above, and in the interests of justice, the applicant should be awarded the CIB and his record should be corrected to show this award.

4.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

BOARD VOTE:

___X____  ___X____  ___X____  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 CIB and correcting the record to show this award; and

	b.  authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award.




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      _______ _   _______   ___
               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)                                         AR20080013483



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ABCMR Record of Proceedings (cont)                                         AR20080013483



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