IN THE CASE OF:	  

		BOARD DATE:	  18 February 2009

		DOCKET NUMBER:  AR20080017017 


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, in effect, reconsideration of his earlier petition to be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that the CIB is not reflected in his military records or on his separation document (DD Form 214).  He further states that for the past 40 years he thought he had been awarded the CIB since he met all of the requirements to be eligibility for the award. 

3.  Through a Member of Congress, the applicant provides the following documents in support of his application:  Self-Authored Letter; United States Army Human Resources Command (HRC) Military Awards Branch Letters, dated 30 April, 15 August and 28 August 2008; National Personnel Records Center Letter, dated 6 June 2008; and Third-Party Statements.

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 AR20080006791 on 5 August 2008.

2.  During its original review the Board determined that although the evidence of record confirmed the applicant held an infantry MOS and was assigned duties as a scout and senior scout observer with a qualifying infantry unit during his service in the Republic of Vietnam (RVN), there was no evidence of record confirming his active participation in ground combat, and that there were no orders or other documents on file that indicated he had ever been recommended for or awarded the CIB.

3.  The applicant's record shows he was inducted into the Army of the United States (AUS) and entered active duty on 18 January 1967.  He was trained in and awarded MOS 11B (Light Weapons Infantryman) and the highest rank he attained while serving on active duty was specialist four (SP4).

4.   The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 20 June 1967 through 19 June 1968.  Item 38 (Record of Assignments) show that during his RVN tour, he was assigned to the following units for the periods indicated:  Troop F, 17th Cavalry, 196th Light Infantry Brigade, from 27 June through 25 November 1967; Headquarters and Headquarters Company (HHC), 23rd Infantry Division, from 26 November through 20 December 1967; and Company E, 51st Infantry Regiment, Long Range Reconnaissance Patrol (LRRP), from 21 December 1967 through 15 June 1968.  It also shows that while he was assigned to all of these units he performed infantry duties as a senior scout or scout observer in MOS 11B.  Item 38 also shows that he received no less than “Excellent” conduct and efficiency ratings at all of his active duty assignments. 

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows that the applicant earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVNCM) with Device 1960, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and Marksman Marksmanship Qualification Badge with Machine Gun and Rifle (M-16) Bars. 

6.  On 17 January 1969, the applicant was honorably released from active duty after completing a total of 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he earned the following awards:  VSM with 2 bronze service stars; NDSM; RVNCM; Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and Marksman Marksmanship Qualification Badge with Machine Gun Bar.  

7.  During the processing of this case, a member of the Board staff reviewed the historical records of the applicant's units (Troop F, 17th Cavalry Regiment, 196th Light Infantry Brigade, which later became the 23rd Infantry Division (Americal)) in the RVN.  These records show that during the applicant's tenure of assignment, these units exerted themselves in all operational missions and were continuously engaged in air and ground combat.   
8.  Third-Party statements provided by the applicant from members who served with him in Company E, 51st Infantry Regiment, LRRP all confirm that this LRRP unit was a Ranger precursor and was continually engaged in active ground combat with enemy forces and they verify the applicant's presence and participation in this combat.  One of the third parties is a Silver Star and Purple Heart recipient and another is the President of the LRRP Ranger Association.  

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.  

10.  Chapter 8 of the award regulations contains guidance on award of combat badges.  It states, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN that campaign credit was granted for the Vietnam Counteroffensive Phase III, TET Counteroffensive and Vietnam Counteroffensive Phase IV campaigns.  

12.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is eligible for the CIB has been carefully considered and found to have merit.  The evidence of record shows that during his RVN tour, he served in a qualifying infantry MOS in qualifying infantry units.  Although there is no evidence of record that specifically confirms his participation in ground combat, the historical records of the unit confirm the units he was assigned to were continuously involved in combat actions against enemy forces. 

2.  Further, the third-party statements provided confirm the applicant's presence and participation in combat operations while a member of the LRRP unit, which was a precursor Ranger unit.  The authors of these statements include a Silver Star and Purple Heart recipient and a LRRP (Ranger) Association President which is more than sufficiently credible to corroborate the applicant's claim of eligibility for the CIB.  Therefore, absent any evidence that would indicate the applicant did not participate in combat operations with his qualifying infantry units, it is reasonable to presume he was personally present and participated with his qualifying infantry units while they were engaged in active ground combat with enemy forces and to resolve this matter in his favor. 

3.  In view of the fact of this case, it is concluded that the regulatory burden of proof necessary to support award of the CIB has been satisfied in this case, and that it would be appropriate to award the applicant the CIB and to add it to his record at this time. 

4.  The applicant's record also confirms that he received "Excellent" conduct and 
efficiency ratings at all of his active duty assignments.  Further, the record is void 
of any derogatory information or a specific unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would also be appropriate to award him the first award of the AGCM, for his qualifying period of honorable active duty service from 18 January 1967 through 17 January 1969.

5.  The available evidence further shows the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation and to 1 additional bronze service star to be worn with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time.

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 amendment of the ABCMR’s decision in Docket Number AR20080006791, dated 5 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 Army Good Conduct Medal, for his qualifying period of honorable active duty service from 18 January 1967 through 17 January 1969; 
   
   c.  deleting the current list of awards in Item 24 of his DD Form 214 and replacing it with the entry "National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and Marksman Marksmanship Qualification Badge with Machine Gun and Rifle (M-16) Bars; and
   
   d.  by providing him a correction to his separation document that includes these awards.




      _______ _ 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)                                         AR20080017017



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ABCMR Record of Proceedings (cont)                                         AR20080017017



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