IN THE CASE OF:	  

		BOARD DATE:	       27 May 2009 

		DOCKET NUMBER:  AR20090003018 


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 his award of the Combat Infantryman Badge be placed on his 1 July 1986 DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, the statement provided by his former platoon leader verifies that he was awarded the Combat Infantryman Badge for his service in Vietnam.

3.  The applicant provides a letter from his former platoon leader in support of his application.

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 entered active duty in the Regular Army on 14 February 1969, completed training, and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam with Company A, 1st Battalion, 46th Infantry Regiment, from 17 July 1969 through 16 July 1970.

4.  Headquarters, Americal Division, General Orders 5700, dated 6 June 1970, awarded the applicant the Army Commendation Medal for meritorious achievement.

5.  Headquarters, Americal Division, Special Orders 7611, dated 1 July 1970, awarded the applicant the Bronze Star Medal for meritorious service.

6.  Following his tour in Vietnam the applicant cross-trained and was awarded the MOS 00F (Drill Sergeant).

7.  The applicant was discharged for immediate reenlistment on 11 March 1971.  His 11 March 1971 DD Form 214 (Report of Separation from Active Duty) lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, and the Army Commendation Medal.

8.  The applicant reenlisted on two occasions.  Neither of his two subsequent DD Forms 214 list the Combat Infantryman Badge as an authorized award.

9.  His 1 July 1986 DD Form 214 lists the applicant's awards as the National Defense Service Medal, the Army Service Ribbon, the Bronze Star Medal, the Vietnam Service Medal, the Army Commendation Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  The applicant's DA Form 2-1 (Personnel Qualification Record) lists his awards as the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Army Commendation Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Good Conduct Medal (4th award), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The form does not list any order numbers for any of his awards or decoration.

11.  The record contains copies of orders for award of the Bronze Star Medal, the Army Commendation Medal and his fourth award of the Good Conduct Medal, but none of his other awards, decorations, or badges.
12.  T____ B. K____, a retired U.S. Army colonel, states, in effect, he was the applicant's platoon leader in Vietnam and the applicant served with him for approximately 4 months as his radio telephone operator.  The applicant was responsible for maintaining communication with the A Company commander and "watching my back."  Colonel K____ relates one specific period where he and the applicant were under enemy fire "both night and day for about 2 weeks."  The colonel believes that the applicant met the requirements for award of the Combat Infantryman Badge and earned it many times over.  Colonel K____ states, "I can certify that he was in Vietnam, served in an infantry unit, operated under enemy fire, and was awarded the CIB (emphasis added) for that service.  I cannot explain errors in his records."

13.  An iPERMS review of Colonel K____'s Officer Evaluation Report for the period 16 July 1969 through 15 June 1970 verifies he was a platoon leader for Company A, 1st Battalion, 46th Infantry Regiment during the same period the applicant was assigned to that unit.

14.  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 while the applicant was assigned to the 1st Battalion, 46th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award.

15.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides the following:

	a.  There are three basic requirements for award of the Combat Infantryman Badge:  a Soldier must have an infantry specialty; must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat; and must be personally present and under hostile fire while serving in that unit.

	b.  The Valorous Unit Award is awarded to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

	c.  A bronze service star is authorized based on qualifying service for each designated campaign period listed in appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, appendix B indicates he served during the following four campaign periods:  the Vietnam Summer-Fall 1969, 9 June 1969-31 October 1969; the Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970; the DA Sanctuary Counteroffensive, 1 May 1970-30 June 1970; and the Counteroffensive Phase VII, 1 July 1970-30 June 1971.

	d.  A clasp is authorized for wear on the Army Good Conduct Medal to denote a second or subsequent awards.  For the fourth award this is bronze with four loops.

16.  Appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

17.  Army Regulation 635-5 (Separation Documents), then in effect, stated that awards and decorations for all periods of service were to be listed on each DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that the statement provided by his former platoon leader verifies that he was awarded the Combat Infantryman Badge for his service in Vietnam.

2.  The applicant's available record does not contain any orders showing award of the Combat Infantryman Badge or the majority of the awards and decorations listed on his DD Forms 214.

3.  However, the record does show the applicant served in Vietnam in MOS 11B and was assigned to an infantry unit of regimental or smaller size, thereby meeting two of the three basic criteria for award of the Combat Infantryman Badge.

4.  While assigned to the 1st Battalion, 46th Infantry Regiment, the applicant was awarded the Bronze Star Medal and the Army Commendation Medal and his unit was awarded the Valorous Unit Award.

5.  None of these awards specifically show that the applicant was personally present and under hostile fire; however, when combined with the statement from his platoon leader at the time, Colonel K____, it is reasonable to assume that the applicant was personally present and under hostile fire, thereby meeting the third criteria for award of the Combat Infantryman Badge.  

6.  Further, the applicant's former platoon leader specifically stated that the applicant was awarded the Combat Infantryman Badge.  Therefore, combining all of these factors together, it is reasonable to show that the applicant was awarded the Combat Infantryman Badge and correct his record to reflect this award.

7.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.  None of his DD Forms 214 list the bronze service stars.  Therefore, it is appropriate to correct the record to show award of the Vietnam Service Medal with four bronze service stars.

8.  The fact that the applicant was awarded the Army Good Conduct Medal on four occasions was omitted from his 1 July 1986 DD Form 214.  While the proper designation for this award is the Army Good Conduct Medal with four bronze loops, it is commonly referred to and recorded as the Army Good Conduct Medal (4th award).  It is appropriate to correct the records to show this award as the Army Good Conduct Medal (4th award).

9.  In addition to the awards listed on the applicant's DD Forms 214, he is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award.

10.  Regulations in effect at the time of the issuance of applicant's DD Forms 214 required that all awards and decorations from all periods be listed on the form.  To prevent potential confusion on what awards are authorized it is appropriate to correct only the last, 1 July 1986, DD Form 214 as follows by:

	a.  deleting the entries for the award of the Army Good Conduct Medal and the Vietnam Service Medal and replacing them with the Army Good Conduct Medal (4th award) and the Vietnam Service Medal with four bronze service stars; and 


	b.  showing that, in addition to the awards listed on the 1 July 1986 DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the Combat Infantryman Badge.

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.  deleting from his 1 July 1986 DD Form 214 the entries for the award of the Army Good Conduct Medal and the Vietnam Service Medal and replacing them with the Army Good Conduct Medal (4th award) and the Vietnam Service Medal with four bronze service stars; and

	b.  showing that, in addition to the awards listed on the 1 July 1986 DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the Combat Infantryman Badge.



      __________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)                                         AR20090003018





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ABCMR Record of Proceedings (cont)                                         AR20090003018



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