BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090014814 


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, in effect, he served in the Republic of Vietnam (RVN) and in Cambodia 1 year and he participated in combat numerous times.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his 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 record shows that he was inducted into the Army of the United States on 30 January 1969.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 1 July 1969 to 30 June 1970.  It further shows that while serving in the RVN, he was assigned to Headquarters and Headquarters Company (HHC), 3rd Brigade, 1st Cavalry Division and Headquarters and Headquarters Troop (HHT), 1st Squadron, 9th Cavalry Regiment, performing duties as a rifleman and light weapons infantryman.  

4.  The applicant’s record shows he earned the following awards:  National Defense Service Medal (NDSM), RVN Campaign Medal (RVNCM), Vietnam Service Medal (VSM), Bronze Star Medal (BSM), Air Medal (AM), Army Good Conduct Medal, 2 Overseas Service Bars, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  The awards listed on his record does not include the CIB and his record is void of any orders or document indicating he was recommended for or awarded the CIB by proper authority.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains Headquarters, United States Army Training Center and Fort Polk, Special Orders Number 103, dated 1 May 1969.  It shows he qualified “expert” with the M-60 machinegun.

6.  On 29 January 1971, the applicant was honorably separated after completing 2 years of active duty service.  

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star is used to denote five bronze service stars.

8.  Paragraph 8-6 of the awards regulation contains guidance on award of the CIB.  It states that there are three basic requirements for the CIB.  These are the member must hold and serve in an infantry MOS, he must be assigned to a qualifying infantry unit of brigade, regimental, or smaller size, and he must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Combat service alone does not support award of the CIB.  


9.  Paragraph 7-14 of the awards regulation contains guidance on the Valorous Unit Award (VUA) and it states, in pertinent part, that it is awarded to units of the Armed Forced of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in armed conflict in which the United States is not belligerent party for actions occurring on or after 3 August 1963.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.  This award will normally be earned by units that have participated in singular or successive actions covering relatively brief time spans.  Only on rare occasions will a unit larger than a battalion qualify for award of this decoration.

10.  Appendix V of United States Army Vietnam Regulation 672-1 defined the term "smaller size" as a unit of squad, platoon or company size.  Personnel possessing an infantry MOS in a rifle squad or a cavalry squadron of an armored cavalry troop would be eligible for award of the Combat Infantryman Badge if other criteria are also met.

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 the applicant's tenure of assignment in the RVN, HHC, 3rd Brigade, 1st Cavalry Division was awarded the RVN Gallantry Cross with Palm Unit Citation (RVNGC) and RVN Civil Actions Honor Medal First Class Unit Citation (RVNCAHM) and HHT, 1st Squadron, 
9th Cavalry Regiment was awarded the VUA.  It further shows that participation credit was granted for the Vietnam Counteroffensive VI, TET 69 Counteroffensive, Vietnam Summer-Fall 1969, Vietnam Winter-Spring, and DA Sanctuary Counteroffensive campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is eligible for the CIB based on his combat service in the RVN has been carefully considered and found to have merit.  By regulation, in order to support award of the CIB, there must be evidence confirming the applicant held and served in an infantry MOS in a qualifying infantry unit, and there must be evidence that he was present and participated with that unit while it was engaged in active ground combat with enemy forces.


2.  The evidence of record confirms the applicant held and served in MOS 11B while assigned to a qualifying infantry unit for award of the CIB.  It also shows the applicant's unit received the VUA for extraordinary heroism in action against an armed enemy in the RVN during the applicant's tenure of assignment.  As a result, absent any evidence that the applicant was assigned to a non-combat staff position or to a special duty assignment, it is reasonable to presume he was present and participated with the unit in combat actions during the period of his assignment.  Therefore, the regulatory criteria necessary for award of the CIB have been satisfied and it would be appropriate to award him the CIB and to add it to his DD Form 214.

3.  The evidence record also shows the applicant qualified as an “Expert” with the M-60 Machinegun and as a result he received the Expert Marksmanship Qualification Badge with Machinegun Bar based on this qualification.  In addition, based on his RVN service and campaign participation, he is eligible for the VUA, RVNGC with Palm Unit Citation, RVNCAHM First Class Unit Citation, and 1 silver service star to be worn with his VSM.  Therefore, these awards should also be added to his DD Form 214

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 for his qualifying combat service in the Republic of Vietnam;






     b.  adding the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machinegun Bar, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation, and 1 silver service star to be worn with the Vietnam Service Medal to his DD Form 214; and

     c.  issuing him a correction to his DD Form 214 reflecting these changes. 




      _______ _   _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)                                         AR20090014814



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014814



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1