DOCKET NUMBER:  AR20090004997 


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 the Board's denial of his previous request for award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he served in combat with an infantry unit in the Republic of Vietnam and Cambodia and in an infantry military occupational specialty (MOS).  He further states that he was issued a CIB along with his other medals by his unit's company clerk.  The applicant concludes that he was unaware of the fact that the CIB was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) until it was brought to his attention by a clerk when he visited a Veterans Affairs hospital recently.

3.  The applicant provides six letters/statements attesting to him engaging and being engaged by enemy forces in combat while serving in Vietnam in support of this application.

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 AR20080000822, on 22 July 2008.

2.  The six letters/statements provided by the applicant are new evidence, which requires that the Board reconsider his request.

3.  In the Board's first consideration of this case, the Board found that the applicant did not provide evidence confirming he was personally present and participating with the unit while it was engaged in active ground combat with enemy forces.

4.  The applicant's record shows that he was inducted into the Army of the United States and entered active duty on 25 March 1969.  He was awarded the military occupational specialty of light weapons infantryman.  The highest rank he attained while serving on active duty was the grade of specialist (SP4)/pay grade E-4.  The applicant served a tour of duty in the Republic of Vietnam during the period 2 September 1969 through 1 September 1970.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company C, 3rd Battalion, 8th Infantry Regiment of the 4th Infantry Division during his tour of duty in the Republic of Vietnam, performing duties in MOS 11B as a rifleman during the period 13 September 1969 to 28 August 1970.

6.  The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty. 

7.  A 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 award of the CIB.

8.  The applicant's DA Form 20, item 41 (Awards and Decorations) shows he is authorized the Vietnam Service Medal.  

9.  The applicant's DD Form 214 shows that on 24 March 1971, he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) after completing 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the Air Medal, Army Commendation Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.




10.  The applicant provided six statements by former members of the unit to which he was assigned while stationed in Vietnam attesting to his involvement in numerous engagements to include one statement that the applicant shot and killed an enemy soldier.  Those providing statements included a platoon leader and squad leader.  The platoon leader was verified in ADCARS as assigned to the applicants unit. 

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges, and 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 military occupational specialty; 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.  It further stipulates that combat service alone is not a sufficient basis to support award of the CIB.

12.  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.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  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.

14.  There is no evidence the applicant received the Good Conduct Medal (First Award).  The applicant received conduct and efficiency ratings of "excellent" through his tenure of service.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

15.  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. 



16.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Summer – Fall 1969 (9 June – 31 October 1969), Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970), Sanctuary Counteroffensive (1 May – 30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971) 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.

17.  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 Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Numbers 52, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal (VSM).  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  The applicant's DA Form 20 shows he was authorized the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the CIB for his service in the Republic of Vietnam was carefully considered.

2.  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 provided six statements by former members of the company to which he was assigned while stationed in Vietnam attesting to his involvement in numerous engagements to include one statement that he shot and killed an enemy soldier.  Those providing these statements included a platoon leader and squad leader.  Therefore, there is sufficient evidence showing that the applicant met the criteria for award of the Combat Infantryman Badge in this case.

3.  Evidence of record shows the applicant is entitled to award of the Army Good Conduct Medal (First Award) for the period 25 March 1969 to 24 March 1971.  Item 38 of the applicant's DA Form 20 shows that 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.

4.  The applicant's DA Form 20 shows he was stationed in Vietnam for the appropriate length of time and contains the entry for the Vietnam Service Medal.  
Records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is authorized the Vietnam Service Medal with four bronze service stars and is entitled to have this added to his 
DD Form 214.

5.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam 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.

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 AR20080000822, dated 22 July 2008.  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 25 March 1969 to 24 March 1971 and the CIB; and

	b.  amending the applicant's DD Form 214 to show the Army Good Conduct Medal (First Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam 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)                                         AR20090004997



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ABCMR Record of Proceedings (cont)                                         AR20090004997



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