IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100018130 


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 Bronze Star Medal (BSM).

2.  He states, in effect, that although he was awarded the BSM it is not annotated on his DD Form 214.  He contends that although he earned the CIB while serving in the Republic of Vietnam he was not awarded one.

3.  He provides copies of:

* his DD Form 214
* General Orders Number 5158, dated 28 May 1970

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.  His record shows he was inducted into the Army of the United States on 28 January 1969.  Upon completion of initial entry training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  On 27 January 1971, he was released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation.  At the time of his REFRAD he had served 2 years of total active service.  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) and Item 30 (Remarks) of his DD Form 214 show he served in the Republic of Vietnam from 26 June 1969 to 25 June 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 as an 11B performing infantry duties in 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade from 10 July 1969 to 20 June 1970.  Item 38 also shows he received conduct and efficiency ratings of "Excellent" for all of his duty assignments.

5.  His record contains (and he also provides) General Orders Number 5158 issued by Headquarters Americal Division on 28 May 1970, which show he was awarded the BSM for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period June 1969 to June 1970.

6.  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)
* Army Commendation Medal
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-16]
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14]

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.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 28 January 1969 through 27 January 1971.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders for the CIB.

10.  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.

11.  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)

12.  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 unit to which the applicant was assigned was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August to 31 December 1969 and the period 31 March to 30 June 1970 by Department of the Army General Orders 42, dated 1972.

13.  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.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

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 BSM were carefully considered and determined to have partial merit.

2.  General orders awarded him the BSM for meritorious service.  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 Vietnam unit two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The evidence of record confirms he served honorably on active duty during the period 28 January 1969 through 27 January 1971.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal for this period of service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal for the period 28 January 1969 through 27 January 1971 and to correct his DD Form 214 to show this award.


6.  The applicant's available record is void of any orders or other documents indicating he was recommended for or awarded the CIB by proper authority while serving on active duty.

7.  By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS, while assigned to an infantry unit, but the individual must have been present and participated with the unit while it was engaged in active ground combat with enemy forces.

8.  Although the evidence of record shows the applicant served in an infantry MOS while assigned to an infantry unit during his tour of duty in the Republic of Vietnam, his record is void of any evidence that shows he was personally present and participated with the unit while it was engaged in active ground combat with enemy forces.  Accordingly, the available evidence does not support award of the CIB.

9.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 28 January 1969 through 27 January 1971;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards).

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)                                         AR20100018130



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ABCMR Record of Proceedings (cont)                                         AR20100018130



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