IN THE CASE OF:	  

		BOARD DATE:	 17 August 2010 

		DOCKET NUMBER:  AR20100007422 


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) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM).

2.  He states, in effect, that although he was awarded the ARCOM it is not annotated on his DD Form 214.  He contends that although he earned the CIB while participating in the invasion of Cambodia he was not awarded one.  He concludes that back then it did not matter much to him, but now that he suffers from Post Traumatic Stress Disorder he wants to have the CIB he earned.

3.  He further states he was part of a 10-man demolition squad from the 571st Combat Engineer Company, 9th Infantry Division that was sent to Shakey's Hill in Cambodia in May 1970 and stayed there until June 1970 as part of the Cambodia Invasion.  He attests they were told they would earn their CIB.  He continues that the squad was rappelled from helicopters, cut the landing zones, and made the fire base on top of the hill.  He also went into the caches and removed the contents and blew the caches and tunnels up.  He adds that they were surrounded by the North Vietnamese Army the entire time they were there and mortar rocketed every night.  They also pulled perimeter guard duty and were attacked on a regular basis.  He concludes he was transferred to another unit and his CIB never caught up to him.



4.  He provides copies of:

* his DD Form 214
* a DA Form 4980-14 (ARCOM Certificate)
* page 4 of his DA Form 20 (Enlisted Qualification Record)

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 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 record shows he enlisted in the Regular Army on 10 September 1968.  Upon completion of initial entry training he was awarded military occupational specialty (MOS) 12B (Combat Engineer).  On 8 October 1971, he was released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his remaining service obligation.  At the time of his REFRAD he had served 2 years, 11 months, and 28 days of total active service.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4; however at the time of his REFRAD he held the rank/grade of private (PV1)/E-1.

3.  Item 31 (Foreign Service) of his DA Form 20 and Item 27 (Remarks) of his DD Form 214 show he served in the Republic of Vietnam from 9 June 1969 to 7 December 1970.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam he served in several elements of the 9th Infantry Division as follows:

* as a 12A performing Pioneer duties with Company A, 15th Engineer Battalion from 20 June to 5 August 1969
* 
as a 12A performing Pioneer duties with Company C, 15th Engineer Battalion from 6 August to 31 October 1969
* as a 12A performing Pioneer duties with the 571st Engineer Company (Combat) from 1 November 1969 to 14 June 1970
* as a 64B performing Dump Truck Driver duties with the 43d Engineer Company (Dump Truck) from 14 June to 4 December 1970

5.  Item 41 (Awards and Decorations) of his DA Form 20 and Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 show the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-16]

6.  His record contains Headquarters, II Field Force Vietnam, General Orders Number 4201, dated 18 November 1969, which show he was awarded the ARCOM for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period 22 August 1969 to 1 September 1969.  His record also contains a copy of the citation for this award and he provides a copy of the certificate commemorating his receipt of the ARCOM.

7.  A review of his available personnel service records failed to show evidence and he did not provide any evidence showing that he ever performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, there is no evidence showing that he was ever awarded or recommended for award of the CIB.

8.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was 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, enlisted personnel, and to warrant officers who had an infantry specialty/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.

9.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

10.  Army Regulation 600-8-22, paragraph 2-13, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the units to which the applicant was assigned was cited for the following awards:

* 15th Engineer Battalion - Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January - June 1969 by Department of the Army General Orders (DAGO) 59, dated 1969
* 571st Engineer Company - Republic of Vietnam Gallantry Cross with Palm unit Citation for the period 1 October 1969 - 20 July 1970 by DAGO 55, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 55, dated 1971

12.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he should be awarded the CIB and his DD Form 214 should be corrected to show award of the ARCOM were carefully considered and determined to have partial merit.

2.  General orders awarded him the ARCOM for meritorious achievement.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

4.  General orders awarded his units of assignment in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  There is no evidence showing that he was ever awarded or recommended for award of the CIB.

6.  By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The applicant's record is void of any evidence and he has failed to provide evidence that fulfills this requirement.  Accordingly, he is not entitled to award of the CIB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ___x_____  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 partial relief.  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

	b.  adding to item 24 of his DD Form 214 the Army Commendation Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the 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)                                         AR20100007422



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ABCMR Record of Proceedings (cont)                                         AR20100007422



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