DOCKET NUMBER:  AR20090004421 


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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states that he did not receive the CIB because of a clerical error.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and five eyewitness statements in support of this 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 records show he was inducted into the Army on 24 September 1969.  He completed basic combat training and advanced individual training.  After completing all required training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam from 6 March 1970 through 28 April 1971 with Company D, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade.  He was honorably released from active duty on 29 April 1971 after completing 
1 year, 7 months, and 6 days of active military service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal with 1st Oak Leaf Cluster, the Bronze Star Medal, the Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16 Rifle) as authorized awards.  Item 24 does not show the CIB as an authorized award.

5.  There is no entry in Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) showing he was awarded the CIB.

6.  There are no orders in the applicant's military records awarding him the CIB.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for the CIB.

8.  The eyewitness statements provided by the applicant essentially state that the applicant engaged in combat with the enemy on several occasions and is deserving of the CIB.  Eyewitness statements in support of award of the CIB to the applicant were provided by his wartime company commander who concluded his own career as a lieutenant colonel and the battalion's executive officer who also retired from the Army in the rank of lieutenant colonel.  This officer, based upon his DD Form 214 is a holder of the CIB, was awarded the Silver Star, the Bronze Star Medal with 4 Oak Leaf Clusters, and the Air Medal among other awards and was present in the applicant’s unit as verified by ADCARS.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of USARV 672-1 provides 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. 

10.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, Special Orders Number 30, dated 30 January 1970, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60 Machinegun).

12.  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 the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March 1970 to 30 June 1970 by Department of the Army General Order Number 42, dated 1972.

13.  Appendix B of Army Regulation 600-8-22 shows the campaigns for the Vietnam conflict.  During the applicant's tour in Vietnam he participated in three campaigns:  Vietnam Winter-Spring, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in an infantry military occupational specialty and in an infantry unit while in Vietnam.  Additionally, the applicant was awarded the Bronze Star Medal and the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious achievement in connection with military 
operations against a hostile force while in Vietnam.  Furthermore, the eyewitness statements provided, one which was authored by his former battalion executive officer, a Silver Star and CIB recipient, clearly indicate the applicant participated in active ground combat while in Vietnam.  Therefore, it appears the applicant met  the criteria for award of the CIB.

2.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar.  Therefore, this badge should be added to his DD Form 214.

3.  Department of the Army General Orders awarded the unit to which the applicant was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this unit award.

4.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the previously awarded Vietnam Service Medal.

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 and adding this badge to his DD Form 214; and

	b.  adding the Marksman Marksmanship Qualification Badge with Machinegun Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to his already-awarded Vietnam Service Medal to his DD Form 214.




      
      _______ _   __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)                                         AR20090004421



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ABCMR Record of Proceedings (cont)                                         AR20090004421



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