IN THE CASE OF:	  

		BOARD DATE:	       14 OCTOBER 2009

		DOCKET NUMBER:  AR20090008791 


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, reconsideration of his earlier petition to be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he served as an infantryman with Company C, “25th” Infantry Regiment, 3rd Infantry Brigade, and that he participated in combat during his entire tour in the Republic of Vietnam (RVN).  He recalls some of his experiences in combat indicating four of his friends were killed.  He also details how he killed a man and states he became a human hunter which ultimately led to his use of drugs.

3.  The applicant provides three self-authored statements and internet casualty documents in support of his reconsideration request.

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 AR20090000689 on 24 March 2009.

2.  During its original review of the case, the Board found no evidence of record that showed the applicant served in active ground combat during his tour in the RVN and as a result concluded there was insufficient evidence to support award of the CIB.

3.  The applicant's military records were not available during the original consideration of his case.  However, his official military personnel file (OMPF) has been provided for Board review with this application.

4.  The applicant's record shows he was inducted into the Army of the United States and entered active duty on 4 May 1966.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 24 October 1966 to 21 October 1967.  It also shows that he was promoted to the rank of sergeant on 25 August 1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Companies A and C, 2nd Battalion, 35th Infantry Regiment, performing duties as a rifleman, automatic rifleman, and squad leader.  Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  On 3 May 1968, the applicant was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Croup.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he completed 2 years of creditable active military service and that he earned the NDSM, VSM with one bronze service star, and RVNCM.

7.  The applicant's OMPF includes a letter from his USAR commander, dated 19 January 1978, which confirms the applicant's combat service as an infantryman in an infantry unit in the RVN.

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns.  It shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

9.  Paragraph 7-14 of Army Regulation 600-8-22 contains guidance on the Valorous Unit Award (VUA) and states, in pertinent part, that it is awarded to units for extraordinary heroism, to a degree equal to that which would warrant award of a Silver Star to an individual, in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force.

10.  Chapter 8 of Army Regulation 600-8-22 contains guidance on award of combat and skill badges.  Paragraph 8-6 contains guidance on award of the CIB. 
It states, in pertinent part, that in order to support award of the CIB, there must be evidence that the member held and served in an infantry MOS; that he served in an infantry unit of brigade, regimental, or smaller size; and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

11.  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 his tenure of assignment in the RVN, the applicant's unit (2nd Battalion, 35th Infantry Regiment) earned the VUA, RVN Gallantry Cross (RVNGC) with Palm Unit Citation and RVN Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB has been carefully considered and found to have merit.  By regulation, in order to qualify for the CIB, a member must have held and served in an infantry MOS in a qualifying infantry unit of brigade, regimental, or smaller size, and must have been present and personally participated with the unit while it was engaged in active ground combat with enemy forces.

2.  The evidence clearly shows the applicant held and served in an infantry MOS and that he served in qualifying infantry units while serving in the RVN, as evidenced by both his DA Form 20 and the USAR unit commander's letter on file in his OMPF.

3.  Further, there is no indication that the applicant was ever assigned to an infantry staff headquarters or to non-infantry duties during his tenure of assignment in the RVN, and given his unit regularly participated in combat operations and earned the VUA which required heroism in combat equal to that required to support award of the SS to an individual during his assignment tenure, the evidence is sufficiently compelling to conclude that he was present and participated in active ground combat against the enemy during his RVN tour. 
As a result, it would be appropriate and serve the interest of justice and equity to award him the CIB and to add this award to his record at this time.

4.  The record also shows that based on his RVN service and campaign participation, the applicant is also eligible for the VUA, RVNGC with Palm Unit Citation, RVNCAHM First Class Unit Citation, and two bronze service stars with his VSM.  In addition, the Marksman Marksmanship Qualification Badge with Rifle Bar shown on his DA Form 20 was erroneously omitted from his DD Form 214.  Therefore, it would also be appropriate to add these awards and decorations 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 amendment of the ABCMR’s decision in Docket Number AR20090000689, dated 24 March 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge; by amending item 24 of his DD Form 214 by adding the Combat Infantryman Badge, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar, and two bronze service stars with his Vietnam Service Medal; and by providing him correction to his separation document that includes these awards.



      ______________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)                                         AR20090008791



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ABCMR Record of Proceedings (cont)                                         AR20090008791



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