IN THE CASE OF:	  

		BOARD DATE:	  30 JUNE 2009

		DOCKET NUMBER:  AR20090002744 


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, correction of his records to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, he earned the Combat Infantryman Badge while assigned to Company B, 1st Battalion, 506th Infantry Regiment in Vietnam; however, the badge was not recorded on his separation document.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 2 September 1971.

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 was inducted into the Army of the United States and entered active duty for a period of 24 months on 26 September 1969.  He completed basic combat and advanced individual training at the U.S. Army Training Center, Infantry, Fort Polk, Louisiana.

3.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, Special Orders Number 054, dated 25 February 1970, in pertinent part, show the applicant was awarded primary military occupational specialty (MOS) 11B (Light Weapons Infantryman), effective 25 February 1970.

4.  The applicant’s military personnel records contain a DA Form 20 (Enlisted Qualification Record).

   a.  Item 29 (Qualification in Arms) shows he qualified Expert with the M-14 rifle on 12 November 1969, Sharpshooter with the M-16 rifle on 15 December 1969, and Sharpshooter with the M-60 machinegun on 8 January 1970.

   b.  Item 31 (Foreign Service) shows he served in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 21 March 1970 through
5 March 1971.

   c.  Item 33 (Appointments and Reductions), in pertinent part, shows he was advanced to the rank/grade of private first class (PFC)/E-3, effective 12 April 1970.  This item also shows he was promoted to specialist four (SP4)/E-4, effective 21 January 1971.

   d.  Item 38 (Record of Assignments), in pertinent part, shows he served as a rifleman in Duty MOS 11B while assigned to Company B, 1st Battalion (Airmobile), 506th Infantry (USARPAC, RVN) from 7 May to 7 September 1970.  He then served as a radio telephone operator (RTO) in Duty MOS 11B while assigned to Headquarters and Headquarters Company, 1st Battalion (Airmobile), 506th Infantry (USARPAC, RVN) from 8 September 1970 to 2 March 1971.

   e.  Item 39 (Campaigns) shows he participated in the Vietnam Winter-Spring 1970 and also an (as then) unnamed campaign.

   f.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with (M-14) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle and (M-60) Machinegun Bars, and 2 Overseas Service Bars.

5.  The applicant's DD Form 214 shows he entered active duty on 26 September 1969, was honorably released from active duty on 2 September 1971, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  At the time he had completed 1 year, 11 months, and 7 days of net active service and 11 months and 15 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal with
2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle and (M-60) Machinegun Bars, and 2 Overseas Service Bars.

6.  The applicant’s military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge.

7.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

8.  Headquarters, 101st Airborne Division (Airmobile) (Vietnam), General Orders Number 10755, dated 10 September 1970, in pertinent part, show the applicant was awarded the Army Commendation Medal while assigned to Company B,
1st Battalion (Airmobile), 506th Infantry, for meritorious achievement in the RVN from 1 April to 31 August 1970.

9.  Headquarters, 101st Airborne Division (Airmobile) (Vietnam), General Orders Number 1012, dated 2 February 1971, in pertinent part, show the applicant was awarded the Bronze Star Medal while assigned to Headquarters and Headquarters Company, 1st Battalion (Airmobile), 506th Infantry, for meritorious service in the RVN from 1 May 1970 to 31 January 1971.

10.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, Special Orders Number 289, dated 24 November 1969, in pertinent part, show the applicant was awarded the Expert Marksmanship Qualification Badge with M-14 Rifle Bar.

11.  There is no evidence the applicant was awarded the Good Conduct Medal.  The applicant’s records are absent any adverse information, there is no evidence the applicant’s commander denied award of the Good Conduct Medal, and his records show he received conduct and efficiency ratings of “excellent” throughout the entire period of his military service.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This appendix shows that during the applicant’s service 
in the RVN he participated in the Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns; a total of three campaigns.   This regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant's assignment to Company B, 1st Battalion (Airmobile), 506th Infantry (USARPAC, RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 6 (1974).

14.  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 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  

15.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge and states, in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

16.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted Soldiers 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.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Combat Infantryman Badge because he served in MOS 11B while assigned to Company B, 1st Battalion, 506th Infantry (USARPAC, RVN).

2.  General Orders awarded the applicant the Army Commendation Medal for meritorious achievement in the RVN from 1 April to 31 August 1970.  Therefore, it would be appropriate to add this award to his DD Form 214.

3.  General Orders awarded the applicant the Bronze Star Medal for meritorious service in the RVN from 1 May 1970 to 31 January 1971.  Therefore, it would be appropriate to add this award to his DD Form 214.

4.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  However, the evidence of record shows the applicant was awarded primary MOS 11B and he served in Duty MOS 11B as a rifleman while assigned to an infantry company in the RVN.  In addition, the applicant was promoted twice during his one-year tour of duty in the RVN.  Moreover, the evidence of record shows the applicant was recognized by his commander for his meritorious achievement as an infantryman while assigned to Company B, 1st Battalion (Airborne), 506th Infantry, in the RVN.  Thus, the available evidence supports award of the Combat Infantryman Badge in this case.  Therefore, it would be appropriate to correct the applicant’s records by awarding him the Combat Infantryman Badge.

5.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, it would be appropriate to approve this award.

6.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in three campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of the Vietnam Service Medal with three bronze service stars.

7.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  Records show that Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.  Therefore, it would be appropriate to correct his records to show this badge with the component bar.

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 satisfactory performance of duty as a combat infantryman against an active hostile ground force while assigned to Company B, 1st Battalion (Airborne), 506th Infantry, in the Republic of Vietnam during the period 7 May to 31 August 1970;

   b.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 26 September 1969 to 2 September 1971;

   c.  deleting from item 24 of his DD Form 214 the “Vietnam Service Medal with 2 bronze service stars”; and
   
   d.  adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal, Army Commendation Medal, Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.



      __________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)                                         AR20090002744



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ABCMR Record of Proceedings (cont)                                         AR20090002744



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