BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100011982 


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 reconsideration of his earlier request for award of the Combat Infantryman Badge.

2.  The applicant states that he believes he has provided the requested proof that he served as an infantryman under fire in active ground combat.

3.  The applicant provides, in support of his application, two letters of support from former Soldiers who served with him in the Republic of Vietnam.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090011572, on 5 January 2010.

2.  The original Record of Proceedings indicated that the available evidence did not sufficiently show that the applicant had been under hostile fire while assigned to C Company, 4th Battalion (Airborne), 503rd Infantry Regiment.

3.  The two letters provided by the applicant are new evidence that requires Board consideration.

	a.  A retired U.S. Army major wrote a letter stating that he was the applicant's Platoon Leader in C Company.  He remembers five or six separate occasions when the applicant came under hostile fire.  He discusses two of these occasions in his letter.  The first was on 7 January 1969 while on a search mission.  The platoon had point with the applicant's squad in front.  Someone tripped an early warning device.  When the company commander moved forward he was shot and killed.  A sweep of the area revealed several bunkers and evidence of enemy activity.  On 31 January 1969, the applicant's squad was walking point when they came under enemy fire.  The lead man was hit.  The resulting firefight left the medic dead and four others, including the platoon leader, wounded.  The author emphatically states he knows for certain that the applicant was present and engaged the enemy under hostile fire and certainly deserves and is qualified for award of the Combat Infantryman Badge.

	b.  A former Soldier writes a letter stating that the applicant and he were in the same machine gun squad.  The author provides details of a firefight on 
13 September 1968.  He lists the names of the squad team which include himself and the applicant.  On this day they were trying to help members of a helicopter crew that had crashed while providing cover fire for them on the ground.  They walked directly into an enemy ambush.  The author and several others were wounded and the applicant and the remainder of the squad laid down cover fire allowing them to escape further injury.  The author relates similar firefights on 
28 December 1968, 7 and 31 January 1969, and in May 1969 that included the applicant.

4.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry Soldiers.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 

5.  Further review of the original case and the applicant's records provides the following:

	a.  The applicant was assigned to C Company, 4th Battalion (Airborne), 503rd Infantry Regiment during the periods from 27 July to 20 November 1968; 
3 to 27 December 1968; and 6 January to 20 July 1969.

	b.  The applicant was released from active duty on 9 December 1970 and transferred to the U. S. Army Reserve Control Group (Reinforcement).  He had attained the rank of sergeant, pay grade E-5, and had completed 2 years, 
11 months, and 19 days of creditable active duty service.

	c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Army Commendation Medal, Air Medal, Vietnam Service Medal with three bronze service stars, Purple Heart, Republic of Vietnam Campaign Medal with 1960 Device, and the Bronze Star Medal.

	d.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

	e.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he was awarded the Expert Marksmanship Qualification Badge with Rifle  (M-14) Bar, Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) Bar, and the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

6.  References and relevant information:

	a.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive,  Phase VI; the Tet 69 Counteroffensive; and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

	b.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 4th Battalion, 503rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 51,dated in 1971 for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 5, dated in 1973, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

	c.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

	d.  Army Regulation 600-8-22 provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his service in the Republic of Vietnam should qualify him for award of the Combat Infantryman Badge.

2.  The evidence of record clearly shows that the applicant was assigned to an infantry unit of brigade, regimental or smaller size.  Additionally, the two support letters provide sufficiently convincing statements reporting that the applicant served in active ground combat against an enemy force.  Therefore, his request for award of the Combat Infantryman Badge should be granted.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of sergeant, receiving multiple personal decorations, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

6.  Records show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.

7.  Records show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

8.  Records show the applicant was the Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar.

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 amendment of the ABCMR’s decision in Docket Number AR20090011572, dated 5 January 2010.  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;

	b.  awarding him the Army Good Conduct Medal for the period 21 December 1967 to 9 December 1970;

	c.  deleting from his DD Form 214 the Vietnam Service Medal with three bronze service stars; and
	d.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle [M-14] Bar, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar.




      _______ _  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)                                         AR20100011982





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ABCMR Record of Proceedings (cont)                                         AR20100011982



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