BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000859 


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 he served in Vietnam as an infantry Soldier with the 3rd Platoon, Company A, 3rd Battalion, 39th Infantry.  His duties included being dropped from helicopters in the field and performing search and destroy missions.  He performed rigorous combat in the field and pulled risky perimeter security at base camp.

3.  The applicant provides copies of the following documents:

* listing of 9th Infantry Division Soldiers killed in action (KIA) by unit
* listing of the 3rd Battalion, 39th Infantry, Honor Roll
* internet printout of the 3rd Battalion, 39th Infantry, operations in Vietnam
* by-name listing of Company A, 3rd Battalion, 39th Infantry's KIA Soldiers and their listing on the Vietnam Veterans Memorial 
* several photographs of Soldiers of the 1st Platoon, Company A, 3rd Battalion, 39th Infantry
* affidavit, dated 23 October 2009, from his former first sergeant (1SG)
* affidavit, dated 23 August 2009, from a former unit member
* Special Orders Number 222, dated 9 August 1968
* newspaper articles
* map overlay
* personal letter, dated 11 January 1968
* self-authored journal of operations in Vietnam during February 1968
* internet printout of operations in Vietnam from January to April 1968
* DD Form 214 (Armed Forces of the United states Report of Transfer or discharge), dated 6 January 1969
* internet printout of an article titled "Killer Patrol"

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 records show he enlisted in the Regular Army for a period of 3 years on 1 December 1965.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably discharged on 26 February 1967 for the purpose of immediate reenlistment.

3.  He executed a 4-year reenlistment on 27 February 1967 and subsequently served in the Republic of Vietnam from on or about 9 May 1967 to on or about 26 April 1968.  He was assigned to Company A, 3rd Battalion, 39th Infantry.

4.  Subsequent to his Vietnam service, he was reassigned to Hunter Army Air Field, GA, and he was reclassified into MOS 67N (Helicopter Mechanic) on 10 September 1968.

5.  He again served in Vietnam from 11 August 1970 to 15 February 1971.  He was assigned to Battery A, 377th Artillery.  He was honorably released from active duty on 19 February 1971 and he was transferred to the U.S. Army Reserve Control Group (Standby Reserve).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending on 19 February 1971 shows the National Defense Service Medal and Vietnam Service Medal.

7.  He enlisted in the Regular Army for a period of 3 years on 24 August 1971 and he was awarded MOS 95B (Military Police).  He served in various locations, attained the rank/grade of sergeant/E-5, and was honorably discharged on 25 February 1974.

8.  Item 24 of his DD Form 214 for the period ending on 25 February 1974 shows the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any official orders for the CIB.

10.  He submitted the following documents:

	a.  A by-name listing of various Soldiers who were KIA from his unit as well as other units within the 9th Infantry Division and their names as they appear on the Vietnam Veterans Memorial.

	b.  Several internet printouts of his unit's involvement in combat operations in Vietnam during various periods in 1968, copies of newspaper articles, an overlay map, and several photographs of various Soldiers in Vietnam.

	c.  An affidavit, dated 23 October 2009, from his former 1SG who states that he replaced an outgoing 1SG who neglected to do his job properly.  During his tenure, his company was located in a very dangerous location (shown on the map overlay) and they were hit every night.  Everyone was in imminent danger and mortar fire, small arms fire, and other attacks were routine.  His company was also involved in big battles and had several casualties (shown on a by-name listing of KIA's).  He recommended all his men for the CIB and to the best of his knowledge they were all awarded this badge.  He does not specifically remember the applicant; however, his (the applicant's) knowledge of names, incidents, and photographs taken, attests that he had to have been there and has earned the CIB as well as a belated apology from the Army.

	d.  A copy of the 1SG's personal letter, dated 11 January 1968, wherein he states that his unit was involved in major combat operations and there had been several wounded or killed Soldiers.  He was also involved with shipping killed Soldiers' personal effects.

	e.  An affidavit, dated 23 August 2009, from a former unit member wherein he states that he served with another platoon of the same unit as that of the applicant and he remembers him.  He estimates that the unit was involved in "search and destroy" missions about 80 percent of the time.  His and the applicant's platoon were in close proximity and performed joint missions.  The platoons were involved in firefights and ambushes some of the time.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

12.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the CIB 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.

13.  A review of the applicant's records indicates his entitlement to additional awards which are not listed on his DD Form 214

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 3rd Battalion, 39th Infantry (9 May 1967 to 26 April 1968) in Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 December 1966 to 30 June 1968, based on DAGO Number 31, dated 1969, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 19 December 1966 to 28 June 1969, based on DAGO Number 43, dated 1970.

16.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam from 9 May 1967 to 26 April 1968, he participated in the following campaigns:  Vietnam Counteroffensive Phase III (1 July 1966 to 31 May 1967), Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968), Tet Counteroffensive (30 January 1968 to 1 April 1968), and Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968).  Additionally, during his service in Vietnam from 11 August 1970 to 15 February 1971, he participated in the Vietnam Counteroffensive  Phase VII (1 July 1970 to 30 June 1971) campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the CIB.

2.  The evidence of record shows the applicant held an infantry MOS and was assigned to an infantry unit in Vietnam.  His unit was involved in major combat operations in Vietnam.  Although his former unit 1SG and former member of another platoon in his company did not specifically mention him by name, it appears that he was personally present at the time his unit was involved in combat operations.  Any doubt as to his entitlement should be ruled in his favor.  Therefore, he should be awarded the CIB and have it listed on his records.

3.  General orders awarded him the Army Good Conduct Medal (1st Award) which is not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  General orders awarded his first unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214; therefore, he is entitled to correction of his records to show these unit awards.

5.  The evidence of record shows he served in Republic of Vietnam from on or about 9 May 1967 to on or about 26 April 1968 and from 11 August 1970 to 19 February 1971.  Therefore, he served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his records to show it.

6.  The evidence of record shows the applicant was awarded the Vietnam Service Medal and he participated in five campaigns while serving in the Republic of Vietnam; therefore, he is entitled to a silver service star for wear on his already-awarded Vietnam Service Medal.

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 and

	b.  adding to his DD Form 214, for the period ending on 25 February 1974, the Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Gallantry Civil Actions Honor Medal First Class Unit Citation, and a silver service star to be affixed to his already-awarded Vietnam Service Medal.



      __________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)                                         AR20100000859



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)