IN THE CASE OF:	  

		BOARD DATE:	       27 January 2009

		DOCKET NUMBER:  AR20080016113 


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 reconsideration of his earlier request to award him the Combat Infantryman Badge.

2.  The applicant states, in effect, that correspondence from individuals he served with in Vietnam demonstrate that he qualified for award of the Combat Infantryman Badge.

3.  The applicant provides a handwritten letter, dated 20 August 2008, and three electronic mail (email) messages from comrades-in-arms.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080008719, on 12 August 2008.

2.  The applicant had been inducted on 18 January 1962.  There is no record of any disciplinary infractions and his conduct and efficiency ratings had been exclusively excellent.  He had qualified as an expert with the M-1 rifle.  He was separated with an honorable characterization of service on 16 December 1963 and transferred to the United States Army Reserve Control Group (Annual Training) as a private first class (E-3).  There are no awards shown in the appropriate block of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3.  The applicant enlisted in the Regular Army on 13 March 1964 for 3 years and entered active duty as a private first class.  He completed training and was assigned as a scout driver in military occupational specialty (MOS) 11D with the 3d Armored Cavalry Regiment in Europe.  On 2 May 1966 he joined the 2d Battalion, 47th Infantry Regiment, at Fort Riley, Kansas.  He was promoted to sergeant, pay grade E-5, on 13 May 1966.  He arrived in Vietnam on 10 January 1967, returned to the United States on 5 March 1967, and was separated early as an overseas returnee with 2 years, 11 months, and 23 days of creditable service and no lost time.  All of his conduct and efficiency ratings were excellent.

4.  Special Orders Number 104, Headquarters, 9th Infantry Division, dated 14 April 1967, was mentioned in paragraph 10 of the original Record of Proceedings.  It awarded the Combat Infantryman Badge to several individuals, including 24 Armor troopers of Headquarters and Headquarters Company, 2d Battalion, 47th Infantry Regiment (Mechanized), who held MOS 11D, as did the applicant.  The supporting communications come from four of those individuals.

5.  United States Army Vietnam Regulation 672-1, Appendix V, provided the guidance governing award of the Combat Infantryman Badge.  Paragraph 2a states, in effect, that MOSs "in the 11 series with the letters B, C, D, F, G and H," are infantry MOSs.

6.  Paragraph 2b of the regulation states, "The term 'smaller size infantry unit' used in paragraph 96, Army Regulation 672-5-1, is a unit of squad, platoon, or company size.  For example, personnel possessing an infantry MOS in a rifle squad or a cavalry platoon of an armored cavalry troop would be eligible for the award of the Combat Infantryman Badge if other criteria are also met."

7.  Related guidance, United States Military Assistance Command, Vietnam, Directive 672-1, states in pertinent part that the CIB, "is reserved for full time (30 days or more as a primary duty)…"

8.  The applicant's comrades-in-arms state:

	a.  Mr. Jason R. W____ writes that he served in Vietnam from January 1967 to January or February 1968.  He knows the applicant, "went over with us and served in Vietnam with me from January 1967 to sometime in March or April 1967."  He also states, "He deserves the CIB because he was with us in the 2/47 [2d Battalion, 47th Infantry Regiment (Mechanized)] of the 9th Division."  The statement seems to have been witnessed by a notary who provided a commission number and expiration date, but no stamp.
	b.  In a 19 August 2008 email, Mr. Fred V____ relates that he served with the applicant from 10 January 1967 to 11 March 1967.  He states, "We served in the 9th Infantry 2nd/47th Recon [2d Battalion, 47th Infantry Regiment (Mechanized)]…We all received the CIB but Jim had gone home by then.  I hope he gets this medal because he deserves it."

	c.  Mr. Laurence S____ states, in a 23 August 2008 email sent by C____ S____, that he and the applicant went through basic training together.  He relates that he went to Vietnam by ship, but the applicant flew.  They were united in February 1967.  He continues, "In march there was a ceremony for Sgt. L____'s Purple Heart.  At that time many of us received our CIB."

	d.  Robert C____ states "SGT (the applicant) trained us at Fort Riley and left in the advanced party of the 9th Division for South Vietnam.  They left in early January 1967.  When we arrived by ship around January 31, SGT (the applicant) was there to meet us at Bearcat.  He served with us until sometime in March 1967."

9.  The following additional award information pertains to updating the applicant's awards:

	a.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that 2nd Battalion, 47th Infantry, was authorized the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 1 December 1966 through 30 June 1968 by Department of the Army General Order (DAGO) 31 of 1969 and the Republic of Vietnam Civil Actions Honor Medal Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO 59 of 1969.

	b.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  The applicant tour of duty in Vietnam occurred during one campaign period, the Vietnamese Counteroffensive Phase campaign from 1 July 1966 through 31 May 1967.

	c.  Army Regulation 672-5-1(Military Awards), 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he was qualified for, earned and should be awarded the Combat Infantryman Badge.  He cites the email statements to substantiate his reconsideration request.

2.  The original denial of the applicant's request was based on misleading information.  The governing United States Army Vietnam Regulation includes Soldiers in MOS 11D among those authorized the award.  Special Orders Number 104, Headquarters, 9th Infantry Division, dated 14 April 1967, shows that, approximately a month after his departure from Vietnam, the applicant's comrades-in-arms holding that MOS were awarded the Combat Infantryman Badge. 

3.  Although the United States Military Assistance Command, Vietnam, directive specifically applied to Army advisory personnel, the citation tends to show that 30 days or more in a combat infantry unit was the accepted standard for award of the Combat Infantryman Badge.

4.  The applicant's supporters who held MOS 11D and were awarded the Combat Infantryman Badge state, in effect, that he served in active ground combat with them in the Reconnaissance Platoon, Headquarters and Headquarters Company, 2d Battalion, 47th Infantry Regiment (Mechanized).

5.  The applicant qualified for and should be awarded the Combat Infantryman Badge.  It should be shown on his 5 March 1967 DD Form 214.

6.  When taking corrective action on any awards case, it is the practice of the ABCMR to update all of the individual's awards.  However, as a matter of convenience, only the last DD Form 214 is corrected.

7.  During his first period of service, the applicant distinguished himself by his offense-free behavior and his exclusively excellent conduct.  He earned and should be awarded the Good Conduct Medal.  He also qualified for award of the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).  He should be awarded the first award of the Army Good Conduct Medal for the period 13 March 1964 through 5 March 1967.

8.  The applicant's Vietnam unit was authorized the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He is also authorized one bronze service star for wear on the Vietnam Service Medal.  These awards should be shown on his DD Form 214.

9.  During his second period of active duty the applicant qualified for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  These should be shown on his DD Form 214.

BOARD VOTE:

____X___  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR2008000871, dated 12 August 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Combat Infantryman Badge; 

	b.  awarding him the first award of the Good Conduct Medal for the period    13 March 1964 through 5 March 1967; and

	c.  showing that, in addition to the awards already shown on his 5 March 1967 DD Form 214, his authorized awards include the Combat Infantryman Badge, Good Conduct Medal (1st Award), National Defense Service Medal, one bronze service star for wear on the Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor 

Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-1), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).



      _________X________________
                 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)                                         AR20080016113





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ABCMR Record of Proceedings (cont)                                         AR20080016113



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