IN THE CASE OF:	  

		BOARD DATE:	       30 JULY 2009

		DOCKET NUMBER:  AR20090004986 


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 reconsideration of his request for correction of his records to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, he served in military occupational specialty (MOS) 11B1O (Light Weapons Infantryman) while assigned to the 3rd Platoon, Company D, 3rd Battalion, 1st Infantry Regiment, 11th Light Infantry Brigade (LIB), in the Republic of Vietnam (RVN) from July 1968 to July 1969.

	a.  The applicant states he engaged in heavy combat during his tour of duty in the RVN, destroying and killing the enemy.  He also states that a list of names of infantry Soldiers he served with, that included his name, was submitted through his platoon sergeant, platoon leader, first sergeant, and company commander to the battalion for the purpose of them being awarded the Combat Infantryman Badge; however, he does not know what became of the list.

	b.  The applicant states the five letters he provides in support of his request were written in October 1968 by prominent members of his community in an effort to get him out of the frontlines of combat because he was an only son (i.e., sole surviving son).  He adds the first sergeant saw the letters and put them in a safe.  The new first sergeant later discovered the letters and informed the company commander who released the applicant from duty on the frontlines with the platoon.  The applicant adds that two officers at battalion headquarters then advised him that it was the first sergeant's decision to make regarding the applicant’s duties and he was ordered back to duty with his platoon.

	c.  The applicant states he was promoted through the ranks to the grade of sergeant (E-5), awarded MOS 11B4O while in Vietnam, and also awarded the Bronze Star Medal for his meritorious service in military operations against a hostile force during his tour of duty.

   d.  The applicant states that the letter written by William M. D____, a former fellow Soldier who received the Purple Heart, attests to the applicant's combat service.  He adds that information he obtained from the Internet shows he was a member of the 3rd Platoon, Company D, 3rd Battalion, 1st Infantry.

3.  The applicant provides, in support of his application, a VA Form 21-4138 (Statement in Support of Claim), dated 12 February 2009, along with a 3-page, self-authored letter, undated; company roster titled Delta 3/1 11th LIB, Jungle-Warriors Company Roster for September 1968 and three photographs (from www.zyworld.com), printed 30 January 2009; Homepage - Welcome to Delta 3/1's New Site (from www.delta3-1.org), printed 1 February 2009; letter written by William M. D____, dated 8 February 2009, with DA Form 4980-10 (Purple Heart Certificate), dated 24 May 1969; five letters pertaining to the applicant written in October 1968; and a DA Form 4980-5 (The Bronze Star Medal Certificate), dated 15 June 1969, with The Bronze Star Medal Citation.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080017098 on 21 January 2009.

2.  The applicant was inducted into the Army of the United States for a period of 24 months on 20 February 1968 and awarded MOS 11B.  He served in duty MOS 11B while assigned to Company D, 3rd Battalion, 1st Infantry, 11th LIB, 23rd Infantry (Americal) Division, in the RVN from July 1968 to July 1969.

3.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he entered active duty on 20 February 1968, was honorably released from active duty on 19 February 1970, and transferred to the U.S. Army Reserve Control Group (Selective Service) to complete his remaining military service obligation.  At the time he had completed 2 years of net active service and 11 months and 29 days of foreign service.  The DD Form 214 also shows the applicant was promoted to the grade of sergeant (E-5) with a date of rank of 19 July 1969.  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, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.

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

5.  In support of his application, the applicant provides, in pertinent part, copies of a Bronze Star Medal Certificate, dated 15 June 1969, and The Bronze Star Medal Citation.  These documents show that the applicant was awarded the Bronze Star Medal for meritorious service in ground operations against hostile forces in the RVN during the period July 1968 to July 1969.

6.  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.

7.  There is no evidence the applicant was awarded the Army Good Conduct Medal.  The applicant’s available records are absent any adverse information, there is no evidence the applicant’s commander denied him award of the Army Good Conduct Medal, and his military records document outstanding meritorious achievement and honorable service during the period of his military service.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This appendix shows that at the time of the applicant's service in the RVN, campaign participation credit was awarded for the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 1969 Counteroffensive, and Vietnam Summer-Fall 1969; a total of four 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.

9.  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 pamphlet shows that at the time of the applicant's assignment to Company D, 3rd Battalion, 1st Infantry, the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 2 (1971).

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who 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.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.

11.  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 that his request for correction of his records to show award of the Combat Infantryman Badge should be reconsidered because he engaged in heavy combat during his tour of duty in Vietnam destroying and killing the enemy, he was promoted through the ranks to the grade of sergeant (E-5) based on his duty performance, and he was awarded the Bronze Star Medal for meritorious service in military operations against a hostile force in the RVN.

2.  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 that he served in duty MOS 11B4O as an infantryman while assigned to an infantry company in the RVN.  In addition, he was promoted to the grade of sergeant (E-5) 1 week prior to completing his 
1-year tour of duty in the RVN.  Moreover, the evidence of record shows the applicant was recognized by his commander for his meritorious service in ground operations against hostile forces while assigned to Company D, 3rd Battalion, 1st 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.

3.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  While the applicant's military personnel records were not available for this review, the applicant did not have any lost time and there is no evidence of any record of conviction(s) by a court-martial during the period of service under review.  In addition, the applicant's service in the RVN (as summarized in paragraph 2, above) clearly offers strong evidence of exemplary behavior, efficiency, and fidelity.  Therefore, in view of the foregoing, it would be appropriate to approve award of the Army Good Conduct Medal in this case.

4.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in four 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 four bronze service stars.

5.  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.

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 amendment of the ABCMR’s decision in Docket Number AR20080017098, dated 21 January 2009.  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 D, 3rd Battalion, 1st Infantry, in the RVN during the period July 1968 to July 1969;

	b.  awarding the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 20 February 1968 to 19 February 1970;

	c.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and
	d.  adding to item 24 of the applicant's DD Form 214 the Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Combat Infantryman Badge.



      __________XXX_______________
                 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)                                         AR20090004986



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ABCMR Record of Proceedings (cont)                                         AR20090004986



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