IN THE CASE OF:	

		BOARD DATE:	11 August 2009    

		DOCKET NUMBER:  AR20090004822 


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 correction of his records to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states he served in combat in Vietnam and has several combat related medals listed on his DD 214 but he is missing the CIB.

3.  The applicant provides no additional documentary evidence 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 of the United States on 26 September 1967.  He completed basic combat and advanced individual training and was awarded the military occupational specialty of 11C (infantry indirect fire crewman).  He was promoted to pay grade E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he performed duties as an ammunition bearer and radio/telephone operator while assigned to Company C, 2d Battalion, 14th Infantry during his tour of duty in the Republic of Vietnam (RVN) from 17 March 1968 to 3 March 1969.

4.  Available records are void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority.

5.  The applicant was honorably released from active duty on 25 September 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) after completing 2 years of creditable active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with bronze service star, RVN Campaign Medal, Army Commendation Medal with "V" Device, and Bronze Star Medal.

7.  The applicant's Official Military Personnel File (OMPF) contains Department of the Army, Headquarters, 25th Infantry Division, General Orders Number 8650, dated 4 December 1968, showing he was awarded the Army Commendation Medal with "V" Device for heroic action in connection with military operations against a hostile force on 11 November 1968.  The reason for the award states in part that while under an intense enemy attack, the applicant directed counter- mortar fire which contributed immeasurably to the defeat of the enemy force. 

8.  Army Regulation 600-8-22 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.  

9.  The applicant's records show he is entitled to additional awards and decorations, which he did not request and are not shown on his DD Form 214.

10.  There is no evidence the applicant received the Good Conduct Medal.  The applicant received all conduct and efficiency ratings of "excellent" during his service.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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. 

12.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Tet Counteroffensive (30 January - 1 April 1968), Vietnam Counteroffensive Phase IV (2 April - 30 June 1968), Vietnam Counteroffensive Phase V (1 July - 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969), and Tet 69/Counteroffensive (23 February - 8 June 1969) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is awarded in place of five bronze service stars.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the RVN was awarded the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 48, dated 1971, and a second award of this unit citation based DAGO Number 5, dated 1973; and the RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry military occupational specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Evidence shows the applicant was awarded and served in an infantry MOS while assigned to an infantry unit of brigade, regimental or smaller size.  The applicant was awarded the Army Commendation Medal with "V" Device for valorous action when engaged with a hostile force while serving in Vietnam.  Therefore, there is sufficient evidence showing that the applicant met the criteria for award of the Combat Infantryman Badge.

2.  Evidence of record shows the applicant is entitled to award of the Army Good Conduct Medal (First Award) for the period 26 September 1967 to 25 September 


1969.  Item 38 of the applicant's DA Form 20 shows he received "excellent" ratings for his conduct and efficiency throughout his service.  Additionally, there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  The applicant also completed of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant's records show he was awarded the Vietnam Service Medal and that he participated in five campaigns while serving in the RVN.  Therefore, he is authorized the Vietnam Service Medal with one silver service star and is entitled to have this added to his DD Form 214.

4.  General Orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation on two occasions and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these foreign unit awards.  It is noted that not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.
	
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 Army Good Conduct Medal (First Award) for the period from 26 September 1967 to 25 September 1969 and awarding him the CIB; and

	b.  amending the applicant's DD Form 214 by adding the Army Good Conduct Medal (First Award), Vietnam Service Medal with one silver service star, RVN Gallantry Cross with Palm Unit Citation (2 awards), RVN Civil Actions Honor Medal First Class Unit Citation, and CIB.




      _______ _   _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)                                         AR20090004822



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ABCMR Record of Proceedings (cont)                                         AR20090004822



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