IN THE CASE OF:	  

		BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20090017971 


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 correction of his records to show award of the Combat Infantryman Badge.

2.  The applicant states he held military occupational specialty (MOS) 11B (Light Weapons Infantryman) and he was assigned to Company A, 1st Battalion,
5th Cavalry, 1st Cavalry Division in Vietnam.  He adds that he met all the qualifications for the Combat Infantryman Badge, but it was never awarded or recorded on his separation document.

   a.  At his separation processing he was told there were no orders for the Combat Infantryman Badge in his records, so the badge could not be recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

   b.  At the time he was interested in getting home, back to school, and finding a job; therefore, he did not pursue the matter.
   
   c.  He recently joined the 1st Cavalry Division Association and would like his records corrected so that he may display all of his authorized awards.

3.  The applicant provides, in support of his application, assignment orders, award orders, and separation documents.  He also provides a letter from his former company commander.


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 was inducted into the Army of the United States for a period of 2 years on 8 December 1965.  Upon completion of training he was awarded MOS 11B (Light Weapons Infantryman).

3.  Headquarters, 1st Cavalry Division (Airmobile), U.S. Forces, Special Orders Number 149, dated 29 May 1966, promoted the applicant to private first class in primary MOS 11B1O.

4.  Headquarters, 1st Cavalry Division (Airmobile), U.S. Forces, Special Orders Number 150, dated 30 May 1966, assigned the applicant to Company A,
1st Battalion, 5th Cavalry, in MOS 11B1O effective 2 June 1966.

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3011, dated 8 June 1967, awarded the applicant the Army Commendation Medal with "V" Device for heroism in military operations against a hostile force in the RVN on 20 March 1967.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
   
   a.  item 22 (Military Occupational Specialties) - 11B4O as his primary MOS;
   
   b.  item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) from 23 May 1966 through 22 May 1967;

   c.  item 38 (Record of Assignments) he served in:

       (1)  duty MOS 11B (Rifleman) while assigned to Company A, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), from 30 May 1966 through
3 January 1967; and
       (2)  duty MOS 36K (Field Switchboard Operator) while assigned to Company A, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), from
4 January 1966 [sic] through 21 May 1967;
   
   d.  item 39 (Campaigns) that he served in the RVN during the Vietnam Counteroffensive and Vietnam Counteroffensive Phase II campaigns; and

	e.  item 41 (Awards and Decorations) the Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal, one Overseas Service Bar, Air Medal, Bronze Star Medal, Army Commendation Medal with "V" Device, Expert Marksmanship Qualification Badge with (M-60) Machinegun Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 December 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

   a.  At the time he had completed 2 years of net active service and 1 year of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Bronze Star Medal, Army Commendation Medal with "V" Device, two Overseas Service Bars, Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).

8.  The applicant's military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge.

9.  The letter submitted by Lieutenant Colonel (Retired) Wallace J. S------- shows he commanded Company A, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile) in Vietnam from February to July 1967.  He states the applicant held MOS 11B, served as one of his command post radio telephone operators, participated in many firefights, and achieved the rank of sergeant.  He notes the applicant was cited for his heroism in Vietnam, qualified for the Combat Infantryman Badge, and should have been awarded the badge.

10.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

11.  Headquarters, 197th Infantry Brigade, Fort Benning, Georgia, General Orders Number 90, dated 16 November 1967, awarded the applicant the Good Conduct Medal (First Award) for exemplary behavior, efficiency, and fidelity for the period 8 December 1965 to 7 December 1967.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows the applicant served in the RVN during two campaigns:  the Vietnam Counteroffensive (25 December 1965 - 30 June 1966) and Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967).  This regulation also provides for award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

   a.  This document shows that at the time of the applicant's assignment to Company A, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), his unit was cited for award of the Presidential Unit Citation (Army) on two occasions:

       (1)  for actions on 2-3 October 1966 by Headquarters, Department of the Army, General Orders Number 47, dated 12 September 1968; and

    (2)  for actions on 20 March 1967 by Headquarters, Department of the Army, General Orders Number 73, dated 27 November 1968.

   b.  This document also shows that at the time of the applicant's assignment to Company A, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), the regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59 (1969).

14.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge and states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Combat Infantryman Badge because he held MOS 11B, was assigned to an infantry unit in Vietnam, and actively participated in ground combat.

2.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  However, the evidence shows the applicant was awarded MOS 11B, he served as an infantryman in duty MOS 11B while assigned to an infantry company, and he was cited for heroism in military operations against a hostile force in the RVN.  In addition, his unit was cited for award of the Presidential Unit Citation (Army) on two occasions, one of which when the applicant was serving as a rifleman.  Thus, the available evidence supports award of the Combat Infantryman Badge in this case.  Therefore, it would be appropriate to correct the applicant's records by awarding him the Combat Infantryman Badge.

3.  General orders awarded the applicant the Good Conduct Medal (First Award).  Therefore, it would be appropriate to correct his DD Form 214 to add this award.

4.  The applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of two bronze service stars to be affixed on his already-awarded Vietnam Service Medal.

5.  General orders awarded the applicant's unit the Presidential Unit Citation (Army) on two occasions.  Therefore, it would be appropriate to correct his
DD Form 214 to show two awards of this unit award (i.e., Presidential Unit Citation (Army) with 1st Oak Leaf Cluster).

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

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 the applicant the Combat Infantryman Badge for satisfactory performance of duty as a combat infantryman against an active hostile ground force while assigned to Company A, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile) during the period 30 May 1966 to 3 January 1967;

   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Presidential Unit Citation (Army) with 1st Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Combat Infantryman Badge.



      _______ _   _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)                                         AR20090017971



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ABCMR Record of Proceedings (cont)                                         AR20090017971



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