IN THE CASE OF:	  

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090015287 


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 earlier petition for award of the Combat Infantryman Badge (CIB).

2.  The applicant states he disagrees with the Board's previous proceedings which denied him award of the CIB.  He states he is submitting a copy of a letter he wrote to his mother on 21 February 1968 in which he states the CIB was pinned on his chest.  He also states he is submitting a photograph of himself with the CIB patch.  He further states that in plain English he is depressed, if he did not meet the criteria for award of the CIB, which he surely believes he did, then why was he given the CIB in the first place?

3.  The applicant provides, in support of his application, the following documents in support of his application:  VA Form 21-4138 (Statement in Support of Claim), dated 25 August 2009; a self-authored letter with translation, dated 21 February [1968]; and Company D, 4th Battalion, 31st Infantry, 196th Infantry Brigade, Americal Division, Unit Orders Number 13, dated 18 March 1968.

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 AR20080007412 on 28 August 2008.


2.  The applicant submitted a self-authored letter with translation, dated
21 February [1968]; and a copy of Company D, 4th Battalion, 31st Infantry, 196th Infantry Brigade, Americal Division, Unit Orders Number 13, dated 18 March 1968 as new evidence.  These documents were not previously considered by the Board; therefore, consideration of the new evidence is warranted.

3.  During the original review the Board concluded there were no CIB orders contained in the applicant's record and there was insufficient evidence which indicated he served in active ground combat in the Republic of Vietnam (RVN).  As a result, there was insufficient evidence to confirm he was awarded the CIB.

4.  The applicant's record shows he was inducted into the Army of the United States and entered active duty on 13 September 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 27 July 1967 through 4 June 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 175th Engineer Company, 196th Light Infantry Brigade during the period 27 July 1967 through 15 November 1967, performing duties in MOS 12A as a pioneer.  It also shows he was assigned to the 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade, during the period 16 November 1967 through 4 June 1968, performing duties in MOS 11B as a rifleman.

6.  Item 38 of the DA Form 20 shows he received "excellent" conduct and efficiency ratings during all of his active duty assignments.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that during his active duty tenure he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM) with Device (1960), Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, and two overseas service bars.

7.  The applicant's Official Military Personnel File (OMPF) contains Headquarters, Americal Division, General Orders Number 3199, dated 14 June 1968.  This document shows he was awarded the Army Good Conduct Medal for his exemplary behavior, efficiency, and fidelity for the period 13 September 1966 through 15 June 1968.

8.  The applicant's OMPF also contains a National Personnel Records Center (NPRC) letter, dated 5 March 2004, which shows he was issued the first award of the CIB.

9.  On 12 June 1968, the applicant was honorably released from active duty after completing a total of 1 year, 9 months, and 6 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he earned the NDSM, VSM, RVNCM , Marksman Marksmanship Qualification Badge with Rifle (M-14), and one overseas service bars.

10.  During the processing of this case, a member of the Board staff reviewed the historical records of the applicant's unit (4th Battalion, 31st Infantry Regiment) in the RVN.  These records show that during the applicant's tenure of assignment, his unit was continuously engaged in air and ground combat.

11.  The applicant provides a copy of a self-authored letter to his parents, dated 21 February 1968, wherein he wrote that while serving in the RVN the CIB was pinned on his chest.  He also provides a photo of himself which shows him wearing the CIB.

12.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each RVN campaign a member is credited with participating in.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following campaigns:  Vietnam Counteroffensive Phase III (1 June 1967 through 29 January 1968); TET Counteroffensive (30 January 1968 through 1 April 1968); and Vietnam Counteroffensive Phase IV (2 April 1968 through 30 June 1968).

13.  Chapter 8 of Army Regulation 600-8-22 contains guidance on award of combat badges.  It states, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. 
They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

14.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

15.  Department of the 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 (4th Battalion, 31st Infantry Regiment) earned the Valorous Unit Award (VUA) for the period 15 November 1967 through 3 February 1968.

16.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  In pertinent part, it states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

17.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the CIB should be added to the list of awards in item 24 of his DD Form 214 was carefully considered and found to have merit. 
The evidence of record shows that during his RVN tour, he served in a qualifying infantry MOS in a qualifying infantry unit.  Furthermore, the historical records of the unit confirm the unit he was assigned to was continuously involved in combat actions against enemy forces during the applicant's tenure of assignment and earned the VUA during this period.  In view of the facts of this case, it is concluded that the regulatory burden of proof necessary to support award of the CIB to the applicant's DD Form 214 has been satisfied.

2.  The evidence of record also confirms the applicant was awarded the AGCM as evidenced by General Orders Number 3199 contained in his OMPF.  Therefore, it would be appropriate to add this award to his DD Form 214 at this time.

3.  The evidence of record further confirms that based on his RVN service and campaign participation in the RVN, the applicant is also eligible for the VUA, RVN Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on his already-awarded VSM.  Therefore, these awards should also be added to his record and DD Form 214 at this time.


4.  The evidence of record shows the applicant served in the RVN from 27 July 1967 to 4 June 1968.  Based on the criteria for award of the overseas service bar, he was credited with completing 12 months of service in the RVN, entitling him to two overseas service bars.  His DD Form 214 only reflects one overseas service bar; therefore, his records should be corrected accordingly.

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 AR20080007412, dated 28 August 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and one overseas service bar;

	b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st award), Combat Infantryman Badge, Vietnam Service Medal with 3 bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation; and two overseas service bars; and

	c.  providing him a correction to his DD Form 214 that reflects 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)                                         AR20090015287



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015287



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1