IN THE CASE OF:	

		BOARD DATE:	18 March 2010  

		DOCKET NUMBER:  AR20090015440 


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, through his Congressional representative, reconsideration for award of the Combat Infantryman Badge.

2.  The applicant made no additional statements.

3.  The applicant provides copies of a Combat After Action Report from Headquarters, 4th Battalion, 3rd Infantry and a statement from a fellow Soldier with documents from his military service record.

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 AR20080014482 on 8 January 2009.

2.  The applicant submitted a Combat After Action Report from Headquarters, 
4th Battalion, 3rd Infantry and a statement from a fellow Soldier.  These documents are new evidence which require his case be reconsidered by the ABCMR.

3.  The applicant's military personnel records show he was inducted into the Army of the United States on 22 July 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
4.  The applicant was assigned to Company B, 4th Battalion, 3rd Infantry in the Republic of Vietnam on 17 February 1970 and he departed the Republic of Vietnam on 22 February 1971.

5.  Headquarters, Americal Division, General Orders Number 8853, dated 10 July 1970, awarded the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force during the period from 1 March 1970 to 30 June 1970.  The Soldier whose statement was submitted is listed on these orders in the applicant's unit.

6.  Headquarters, Americal Division, General Orders Number 14091, dated 
12 November 1970, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement in connection with military operations against a hostile force during the period from 1 July 1970 to 
31 October 1970.  The Soldier whose statement was submitted is listed on these orders in the applicant's unit.

7.  Headquarters, Americal Division, General Orders Number 00541, dated 
14 January 1971, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period from February 1970 to January 1971.  The Soldier whose statement was submitted is listed on these orders in the applicant's unit.

8.  On 25 February 1971, the applicant was honorably released from active duty. He had completed 1 year and 7 months of active 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 was awarded the Bronze Star Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, and two overseas service bars.  It does not list the Combat Infantryman Badge as an authorized award.

9.  The Combat After Action Report documents Operation Iron Mountain from
3 May 1970 to 28 February 1971.  This report documents the 4th Battalion, 3rd Infantry participating in Operation Iron Mountain from 3 May 1970 to 28 February 1971.  The companies of the 4th Battalion were engaged with the enemy on numerous occasions during this period.

10.  A Soldier who served with the applicant submitted a sworn statement that he fought alongside the applicant in combat.  He provides his DD Form 214 and his orders showing he was awarded the Combat Infantryman Badge.

11.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 1970); the DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970); and the Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971).

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This document shows that during the time of the applicant’s assignment to the 
4th Battalion, 3rd Infantry the unit received two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods from 30 March - 30 June 1970 and from 8 February - 30 April 1971, based on Department of the Army General Order Number 42, dated 1972.

13.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

14.  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 specifically stated that criteria for award of the Combat Infantryman Badge identified the men who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “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 and warrant officer persons 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.

15.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Combat Infantryman Badge.

2.  The Combat After Action Report from Headquarters, 4th Battalion, 3rd Infantry clearly shows the applicant's unit was engaged with the enemy in active ground combat.

3.  The statement submitted by a fellow Soldier indicates he served in combat with the applicant.  Orders for the Bronze Star Medal and the two Army Commendation Medals show both him and the applicant receiving the awards and list them in the same unit.

4.  It is reasonable to presume that the applicant engaged the enemy in active ground combat while he was assigned as an infantryman in a line infantry company under the Americal Division.  The preponderance of evidence in this case makes the award of the Combat Infantryman Badge appropriate.

5.  Orders in the applicant's military record show he was awarded the Army Commendation Medal and the Army Commendation Medal (1st Oak Leaf Cluster) for two different periods of meritorious service.  Therefore, Item 24 of the applicant's DD Form 214 should also be amended to show he was awarded the Army Commendation Medal (1st Oak Leaf Cluster).

6.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.  

7.  Based on the applicant's service with 4th Battalion, 3rd Infantry he is authorized two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.







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 AR20080014482, dated 8 January 2009.  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;

	b.  deleting from item 24 of his DD Form 214 the Army Commendation Medal; and

	c.  amending item 24 of his DD Form 214 to show he was awarded or is authorized the Army Commendation Medal (1st Oak Leaf Cluster), the Combat Infantryman Badge, the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards).



      _________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)                                         AR20090015440



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015440



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1