IN THE CASE OF:	  

		BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090021243 


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.

2.  The applicant states he served in the infantry in military occupational specialty (MOS) 11B (Infantryman) during the period March 1967 to March 1968.  He states he served in combat with the 8th Infantry as a machinegun squad leader and temporarily as a platoon sergeant of a rifle company.

3.  The applicant provides no additional evidence 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 military personnel records show he enlisted in the Regular Army on 26 April 1963 for a period of 6 years.  He had previously served 3 years in the Regular Army.  On 30 April 1963, he was awarded MOS 11B.  He continued to serve in the Regular Army until his retirement in 1982.

3.  The applicant served in the Republic of Vietnam during the periods 20 March 1967 to 12 March 1968 and 30 July 1971 to September 1971.  He was assigned to:

* Company C, 87th Infantry, from 24 March 1967 to 4 August 1967 as a squad leader
* Company D, 52nd Infantry, from 5 August 1967 to 12 November 1967 as an infantryman
* Company D, 3rd Battalion, 8th Infantry, from 13 November 1967 to 12 March 1968 as a team leader
* 2nd Battalion, 8th Calvary, from 7 August 1971 to September 1971

4.  On 31 January 1982, the applicant was released from active duty and placed on the Retired List the following day.  He had completed a total of 21 years, 9 months, and 5 days of active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 January 1982 does not show he was awarded the Combat Infantryman Badge.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to Company C, 87th Infantry, the unit received the Meritorious Unit Commendation (Army) for the period from October 1966 to September 1967.

6.  Department of the Army Pamphlet 672-3 shows that during the time of the applicant's assignment to Company D, 52nd Infantry, the unit received the Meritorious Unit Commendation (Army) for the period 9 February 1967 to 31 December 1967.

7.  Department of the Army Pamphlet 672-3 shows that during the time of the applicant's assignment to the 3rd Battalion, 8th Infantry, the unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969.

8.  Department of the Army General Orders Number 38, dated 20 July 1971, awarded the 3rd Battalion, 8th Infantry, a unit assigned to the 1st Brigade, 4th Infantry Division, the Presidential Unit Citation (Army) for extraordinary heroism against a hostile force during the period 29 October 1967 to 30 November 1967.  In part, the citation stated the brigade fought and defeated a numerically superior enemy during 33 days of violent, sustained combat.

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation 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 was the unique award established to recognize the infantryman and only the infantryman for his service. 
This regulation also stated the Combat Infantryman Badge was authorized for award to enlisted personnel who had 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.  Appendix V states infantry MOS's were identified as 11B, 11C, 11D, 11F, 11G, or 11H.

10.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (Army) is awarded to units of the Armed Forces of the United States and co-belligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.  The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart from and above other units participating in the same campaign.  The degree of heroism required is the same as that which would warrant award of a Distinguished Service Cross to an individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Combat Infantryman Badge.

2.  The applicant held MOS 11B and was assigned as a team leader in an infantry company in the Republic of Vietnam.  While he was assigned to the 3rd Battalion, 8th Infantry, the unit was awarded the Presidential Unit Citation (Army), which was awarded to units displaying extraordinary heroism in action against an armed enemy.  The citation for this award refers to the unit having fought and defeated a numerically superior enemy during 33 days of violent, sustained combat.  Therefore, the preponderance of evidence in this case is sufficient to show he served in active ground combat with the enemy.  Therefore, it is appropriate to award him the Combat Infantryman Badge and include this award on his DD Form 214.

3.  The units to which the applicant was assigned were awarded and he is authorized the:

* Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) (2d Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 awarding him the Combat Infantryman Badge.

2.  The Board also recommends item 13 of the applicant's DD Form 214 with a separation date of 31 January 1982 be amended to add the:

* Combat Infantryman Badge
* Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) (2d Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      ____________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)                                         AR20090021243



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ABCMR Record of Proceedings (cont)                                         AR20090021243



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