IN THE CASE OF:	  

		BOARD DATE:	       12 November 2008

		DOCKET NUMBER:  AR20080014114 


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), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Good Conduct Medal.  

2.  The applicant states, in effect, that the awards were left off of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) due to an administrative oversight.

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

	a.  DD Form 214, dated 14 February 1969.

	b.  Page 3 of his 4-page DA Form 20 (Enlisted Qualification Record).

	c.  Statement, dated 9 July 2008, from the applicant’s former platoon leader.  

	d.  DA Form 1594 (Daily Staff Journal of Duty Officer’s Log), 2nd Brigade, 25th Infantry Division, dated 8 February 1968.

	e.  Statement, dated 11 July 2008, from one of the applicant’s former team members.

	f.  Headquarters, 25th Infantry Division, General Orders Number 4892, dated 19 December 1967, awarding the applicant’s former team member the Army Commendation Medal with “V” Device.

	g.  Statement, dated 3 July 2008, from the applicant’s former squad leader.

	h.  Undated, statement from the applicant’s former company commander.

	i.  Honorable Discharge Certificate, dated 1 February 1973.

	j.  Headquarters, 25th Infantry Division, General Orders Number 4851, dated 4 July 1968, awarding the applicant the Bronze Star Medal.

	k.  Undated, statement of the history of the 2nd Battalion, 12th Infantry.

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 15 February 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 14 February 1969.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

3.  The applicant's records further show that he served in the Republic of Vietnam from 13 August 1967 to 8 August 1968.  He was assigned to Company D, 2nd Battalion, 12th Infantry.  


4.  Item 24 (Decorations, 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, the Republic of Vietnam Campaign Medal with 1960 Device, the National Defense Service Medal, the Bronze Star Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 24 of this DD Form 214 does not show award of the CIB, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and/or the Good Conduct Medal.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the CIB, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, or the Good Conduct Medal.  

6.  There are no Special or General Orders in the applicant's records that show he was awarded the CIB or the Good Conduct Medal.

7.  During the processing of this case, a member of the Boards 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 or Good Conduct Medal Orders on file for the applicant.  

8.  The applicant submitted the following statements and documents in support of the award of the CIB:

	a.  The 2nd Brigade, 25th Infantry Division, DA Form 1594, dated 8 February 1968, shows that Company D, 2nd Battalion, 12th Infantry , engaged the enemy with all organic weapons several times throughout the day and night.

	b.  In a statement, dated 3 July 2008, the applicant’s former squad leader states that at the time he was wounded at the Battle of Loc Nihn, the applicant was present with him and that the squad fought the enemy at close quarters.

	c.  In a statement, dated 9 July 2008, the applicant’s former platoon leader states that he was the 1st platoon leader and he maintained close contact with other platoon members and that the applicant was in contact with the enemy on several occasions.  He also adds that after he (the platoon leader) was wounded and returned to duty, the 4th platoon was involved in hand-to-hand combat with the 279th Vietcong Regiment when the enemy infiltrated the 4th platoon lines.  During the initial engagement, the applicant’s platoon was on the right flank of the 1st platoon and that he personally spoke with the applicant and that all of the platoons engaged the enemy.  He further adds that when he became acting company commander, he along with the applicant had been in the field for 6 continuous weeks.  He also adds that on 8 February 1968, the company was deployed as a security force for an engineer operation and that they came under fire from all directions and all elements of the company were engaged.

	d.  In a statement, dated 11 July 2008, one of the applicant’s former team members states that the applicant was his squad leader and that he fought along with the applicant at Hoc Mon and Tan Hau in the Republic of Vietnam.

	e.  In a undated statement, the applicant’s former company commander states that his company was in combat or being mortared quite often and that the applicant was with the company at Loc Nihn in a fighting capacity.  When the squad leader was wounded, the applicant took his position.  The former company commander also adds that during his tenure as a company commander, weapons platoon personnel served primarily as rifle platoon Soldiers regardless of MOS.

9.  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.  

10.  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.
11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received “excellent” conduct and efficiency ratings throughout his military service.

12.  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.  

13.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 12th Infantry was awarded the Valorous Unit Award for the period from 31 January 1968 through
19 February 1968, based on the Department of the Army General Orders Number 48, dated 1968; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, 1 September 1967 through 31 August 1968, based on Department of the Army General Orders Number 48, dated 19671; and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, 1 August 1967 through 
21 January 1970, based on Department of the Army General Orders Number 51, dated 1971.

15. Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

16.  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.

17.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases III, IV, and V, and the TET 
Counteroffensive 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 to an infantry unit of brigade, regiment, or smaller size, and he was an active participant in combat while assigned to that infantry unit when it engaged the enemy during several instances, specifically on 8 February 1968, during the Battle of Loc Nihn.  Therefore, the applicant is entitled to award of the CIB and correction of his records to show this award. 

2.  With respect to award of the Good Conduct Medal, the applicant was inducted on 15 February 1967 and was honorably separated on 14 February 1969.  He received an “excellent” efficiency and conduct rating throughout his military service, attained the rank/grade of SGT/E-5, and was awarded the Bronze Star Medal.  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. 

3.  General Orders awarded the applicant’s unit the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.  

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












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 applicant the Combat Infantryman Badge for combat actions on 8 February 1967;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 15 February 1967 to 14 February 1969; and 

	c.  showing award of the Combat Infantryman Badge, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Valorous Unit Award, and four 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)                                         AR20080014114



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ABCMR Record of Proceedings (cont)                                         AR20080014114



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