IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100009802 


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 was trained in military occupational specialty (MOS) 11B (Light Weapons Infantry) in May 1967.  He attended the Field Artillery Officer Candidate School (OCS) at Fort Sill, OK and he was commissioned a second lieutenant.  In December 1968, he was assigned as a Tactical Advisor with U.S. Military Assistance Command, Vietnam (USMACV).

3.  He states his primary duties included providing tactical advice to the Army of the Republic of Vietnam (ARVN) and to the Government of Vietnam which consisted of infantry type military or paramilitary units.  He was also required to frequently participate in ground combat operations and in a number of combat missions in which he was subjected to hostile fire.

4.  The applicant provides the following:

* copies of his MOS orders for 11B
* a copy of a DA Form 2890 (Advanced Individual Training Proficiency Report)
* copies of his duty appointment orders for Operation Phoenix
* a copy of the brigade citation for award of the Republic of Vietnam Gallantry Cross with Bronze Star
* a copy of his DA Form 67-6 (U.S. Army Officer Efficiency Report)
* a copy of a memorandum, Subject:  CIB, dated 11 November 1968


* a 5-page excerpt on the CIB from the America website 
* copies of two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 11 December 1967 and
9 December 1969

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.  After having had prior enlisted service, the applicant was commissioned as a U.S. Army Reserve (USAR) second lieutenant and he was awarded specialty 1193 (Field Artillery Unit Commander) on 12 December 1967. 

3.  The applicant arrived in Vietnam and he was assigned to USMACV on or about 26 December 1968.  Unit Orders Number 25, issued by Kontum Province II CTZ [Combat Tactical Zone], Advisory Team 41, dated 6 November 1969, appointed him as a tactical advisor to the Kontum Province Territorial Forces for the purpose of advising and assisting Province RF/PF Forces in infantry tactics when employed against armed enemy forces.  His primary duties included performance of duties as a tactical advisor to RF/PF infantry-type military or paramilitary units in the Province area of responsibility to include frequent participation in combat operations.

4.  The applicant’s DA Form 67-6 states, in part, that on several instances he was required to accompany another U.S. Army officer on combat missions and was subjected to hostile fire from a force of highly trained and highly motivated North Vietnamese Army soldiers.

5.  A copy of a brigade citation for award of the Republic of Vietnam Gallantry Cross with Bronze Star shows he participated in many ground operations with the ARVN and with police.  He was individually cited for his participation in an assault to release Honring Hamlet on 23 February 1969, and to release 


Konhonog Hamlet on 7 March 1969.  He departed Vietnam on or about 
30 November 1969.

6.  A copy of his DD Form 214 for the period ending 9 December 1969 shows he was honorably released from active duty and reverted to the USAR Control Group (Annual Training).  He had completed 1 year, 11 months, and 28 days of net service this period, with 10 months and 17 days of other service, and
11 months and 8 days of foreign service.

7.  Item 24 of his DD Form 214 for the period ending 9 December 1969 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Bronze Star, and two overseas service bars.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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.  

9.  Army Regulation 600-8-22 also provides, in pertinent part, that during the Vietnam Conflict, any officer, warrant officer, or enlisted Soldier whose branch is other than Infantry, will be eligible for award of the CIB provided all requirements have been met.  The requirements listed are subsequent to 1 March 1961:
	a.  Assigned as advisor to an Infantry unit, Ranger unit, Infantry-type unit of the civil guard of regimental or smaller size, and/or Infantry-type unit of the self-defense corps unit of regimental or smaller size of the Vietnamese government during any period such unit was engaged in actual ground combat.
	b.  Assigned as advisor of an irregular force comparable to the above Infantry units under similar conditions.
	c.  Personally present and under fire while serving in an assigned primary duty as a member of a tactical advisory team while the unit participated in 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 Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of 
the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, USMACV and its subordinate units during the period 8 February 1962 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the CIB was carefully considered and was found to be supported by the evidence provided.

2.  The applicant was a field artillery officer and performed duties as an RF/PF Advisor, USMACV for the ARVN.   He was awarded the Republic of Vietnam Gallantry Cross with Bronze Star for his participation in an assault to release Honring Hamlet on 23 February 1969.  His officer efficiency report also stated, in part, that on several instances he was required to accompany another U.S. Army officer on combat missions and he was subjected to hostile fire from a force of highly trained and motivated North Vietnamese Army soldiers.  In accordance with the guidance outlined in Army Regulation 600-8-22, it appears he met the eligibility requirements for award of the CIB.  Therefore, he is entitled to award of the CIB with an effective date of 23 February 1969 and correction of his DD Form 214 to show this award.

3.  The applicant was credited with participating in four campaigns during his service in Vietnam.  Therefore he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of is DD Form 214 to show the bronze service stars.

4.  The applicant was assigned to a unit during a period of time that the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected 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.  deleting from item 24 of his DD Form 214 for the period ending
9 December 1969 the Vietnam Service Medal;

   b.  awarding him the Combat Infantryman Badge with an effective date of 
23 February 1969; and

   c.  adding to item 24 of his DD Form 214 for the period ending 9 December 1969, the:

* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100009802



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ABCMR Record of Proceedings (cont)                                         AR20100009802



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