IN THE CASE OF:	  

		BOARD DATE:	       4 JUNE 2009

		DOCKET NUMBER:  AR20090003354 


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, award of the Combat Infantryman Badge (CIB).  

2.  The applicant states, in effect, he served in the Republic of Vietnam (RVN) with the 1st Cavalry Division for 4 months as a light weapons infantryman and was basically in combat the entire time he was there.  He states he was only there for 4 months because he got malaria and had to be hospitalized.  

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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's record shows that he was inducted into the Army and entered active duty on 10 December 1963, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  It also shows he served in the RVN from 16 August through 23 November 1965, and that during this period he was assigned to Company B, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division, performing duties in MOS 11B as an assistant gunner.  It further shows that on 23 November 1965, the applicant was medically evacuated from the RVN to Fitzsimmons General Hospital, Denver, Colorado.  

3.  The applicant's record shows that during his active duty tenure, he earned the Vietnam Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar.  It also shows that he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  His record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).    

4.  On 23 December 1965, the applicant was honorably separated after completing 2 years and 14 days of active duty service.  The DD Form 214 he was issued shows that during his active duty tenure, he earned the Vietnam Service Medal (VSM).  It further indicates he was separated based on temporary records.  

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

6.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

7.  Paragraph 7-13 of the awards regulation contains guidance on the Presidential Unit Citation (PUC) and states, in pertinent part, that it is awarded for extraordinary heroism in action against an armed enemy.  It stipulates that the unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart and above other units participating in the same campaign.  The degree of heroism is required is the same as that which would warrant award of the Distinguished Service Cross to an individual.  This award will normally be earned by units that have participated in single or successive actions covering relatively brief time spans.  Only on rare occasions will a unit larger than a battalion qualify for award of this decoration. 

8.  Chapter 8 of the awards regulation contains guidance on award of combat and special skill badges.  Paragraph 8-6 contains guidance on award of the CIB. It states, in pertinent part, that there are three basic requirements for the CIB.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

9.  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 the applicant's tenure of assignment in the RVN, his unit (1st Battalion, 5th Cavalry Regiment) was awarded the Presidential Unit Citation (PUC) for the period 23 October through 26 November 1965, in Department of the Army General Order (DAGO) 40 published in 1967, and the RVN Gallantry Cross with Palm Unit Citation.  It further shows that participation credit was granted for the Vietnam Defense Campaign during his period of assignment in the RVN. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is eligible for the CIB based on his combat service as a light weapons infantryman in the RVN was carefully considered and found to have merit.  By regulation, in order to support award of the CIB there must be evidence confirming the applicant held and served in an infantry MOS, in a qualifying infantry unit, and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. 

2.  The evidence of record confirms the applicant held and served in MOS 11B as a light weapons infantryman during his assignment to the 1st Battalion, 
5th Cavalry Regiment, which was a qualifying infantry unit, during the period 
(23 October-26 November 1965) the unit received the PUC for extraordinary heroism in action against an armed enemy in the RVN.  As a result, absent any indication that he was assigned to a staff or headquarters element during this period, it is reasonable to presume he was present and participated with the unit while it was engaged in this active ground combat with enemy forces that resulted in the award of the PUC.  Therefore, it would be appropriate and serve the interest of justice to award him the CIB and to add it to his record and DD Form 214 at this time. 

3.  The record further shows that the applicant received "Excellent" conduct and efficiency ratings at all of his active duty assignments, and his record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from 
10 December 1963 through 23 December 1965, and to add this award to his record and DD Form 214 at this time.  

4.  The record also shows that the applicant earned the Expert Marksmanship Qualification Badge with Rifle Bar, and that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, the PUC, and 1 bronze service star with his VSM.  Therefore, these awards should also be added to his record and DD Form 214 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 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 him the Combat Infantryman Badge, for his qualifying combat service in the Republic of Vietnam;

	b.  awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 10 December 1963 through 23 December 1965;

	c.  adding to his DD Form 214 the Expert Marksmanship Qualification Badge with Rifle Bar, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 1 bronze service star with his Vietnam Service Medal; and 
	d.  providing him a correction to his DD Form 214 that includes these awards. 




      _______ _   _xxxx______   ___
               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)                                         AR20090003354



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ABCMR Record of Proceedings (cont)                                         AR20090003354



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