IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100009896 


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 record to show he was awarded the Combat Infantryman Badge (CIB) and Army Commendation Medal (ARCOM).

2.  The applicant states general orders awarded him the ARCOM and that he served as an infantry Soldier in Vietnam from October 1968 to October 1969 with 2d Platoon, Company B, 2d Battalion, 27th Infantry, 25th Infantry Division.  

3.  The applicant provides: 

* a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214)
* orders confirming his unit of assignment in Vietnam
* general orders announcing award of the ARCOM
* a letter from the U.S. Army Human Resources Command (AHRC) Military Awards Branch (MAB) denying his request for the CIB
* six statements of support with attached DD Forms 214 from veterans who served with him in Vietnam

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 on 9 May 1968.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11B and assigned for duty in Vietnam with Company B, 2d Battalion, 27th Infantry, 25th Infantry Division.  He served with this unit from on or about 5 October 1968 to 2 October 1969.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 was amended by a DD Form 215, dated 10 December 2009.  The DD Form 214, as amended, does not show award of the ARCOM or CIB.

4.  General Orders Number 9953, issued by Headquarters, 25th Infantry Division, dated 2 August 1969, announced award of the ARCOM to the applicant for meritorious service from 1968 to 1969.

5.  A DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) the applicant was promoted to sergeant (SGT)/E-5 on 7 August 1969.  Item 38 (Record of Assignments) shows, after serving as a Rifleman and Machine Gunner, he was assigned to principal duty as a Team Leader effective 31 July 1969 and received "excellent" conduct and efficiency ratings in this position.  Item 41 (Awards and Decorations) does not show award of the CIB.

6.  The applicant's record is void of documentation showing he served in active ground combat or received any decorations for valor or gallantry in combat action during his service in the RVN.

7.  On 10 December 2009, the AHRC MAB informed the applicant that they were unable to verify that he was assigned to an infantry unit while the unit was engaged in active ground combat with the enemy.  The AHRC MAB informed the applicant that verification of satisfactory performance of duty while the unit was engaged in ground combat could be in the form of sworn eyewitness statements, S2/S3 journal entries, after-action reports, evaluations, a valor award citation, or similar documents.

8.  The website of the 25th Infantry Division Association includes an archive of the division's newspaper, the Tropic Lightning News, from the Vietnam era.  Review of this archive shows that during the applicant's service in Vietnam his unit engaged the enemy on numerous occasions.  

9.  Attached to the statements of support submitted by veterans who served with the applicant are DD Forms 214 showing that each individual who provided a statement was awarded the CIB and served in Vietnam.  A DD Form 214 provided by Mr. B---- J. S------ shows that he served in the same unit as the applicant in Vietnam.  His DD Form 214 shows he was granted early separation as a returnee from overseas on 8 January 1970.  His date of separation indicates he would have served in the unit at the same time as the applicant.  He states he served as a Squad Leader and Platoon Sergeant and that during his first 
9 months in Vietnam the applicant was in his squad and platoon, first as an ammo bearer/rifleman and later as the gunner on an M-60 machine gun crew.  He confirms the applicant was actively involved in ground combat on a number of occasions.  

10.  The remaining statements of support confirm the applicant served with Company B, 2d Battalion, 27th Infantry, 25th Infantry Division.  Of those, three confirm the applicant participated in combat. 

11.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted members and warrant officers 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for correction of his record to show he was awarded the CIB and ARCOM.

2.  General orders announced award of the ARCOM to the applicant.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows the applicant served in positions of increasing responsibility during his service in Vietnam in an infantry unit that regularly engaged the enemy.  It is improbable that he would have been promoted to SGT/E-5 and assigned to duty as a Team Leader in Vietnam if he did not have combat experience.  Considering his performance in conjunction with the statements of support he provides it appears he was overlooked for award of the CIB or that documentation for the award was lost.  As a matter of equity, he is entitled to correction of his DD Form 214 to show award of the CIB.  

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 awarding him the CIB and adding the ARCOM and CIB to item 24 of his 
DD Form 214.  




      __________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)                                         AR20100009896



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ABCMR Record of Proceedings (cont)                                         AR20100009896



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