IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021990 


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 the Army Good Conduct Medal (AGCM).

2.  The applicant states:

	a.  he was awarded military occupational specialty (MOS) 11B (Infantryman) and served as a door gunner while a member of a security detachment in Vietnam;

	b.  during his 18 months of service in Vietnam his unit routinely came under enemy fire and was involved in perimeter ambushes by the Vietcong and North Vietnamese troops; and

	c.  he was suppose to be awarded both the CIB and the Army Good Conduct Medal (AGCM).

3.  The applicant provides a copy of pages 2-4 of his DA Form 20 (Enlisted Qualification Record) with his request.


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's record shows he initially enlisted in the Regular Army (RA) on 28 May 1965.  He was trained in and awarded MOS 67N (Aircraft Maintenance Crewman).

3.  He continually served until he was honorably discharged from active duty for the purpose of immediate reenlistment on 29 December 1967.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he earned the following awards:

* Air Medal with 9th Oak Leaf Cluster (AM w/9OLC)
* Vietnams Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device 1960 (RVNCM)
* Aircraft Crewman Badge
* National Defense Service Medal (NDSM)

4.  On 30 December 1967, the applicant reenlisted in the RA.  He was awarded MOS 45J (Aircraft Armament Repairman) on 11 June 1968.

5. His DA Form 20 (Enlisted Qualification Record) shows he served two tours in the Republic of Vietnam (RVN) from 18 November 1965 to 11 January 1968 and 21 August 1969 to 20 August 1970.  Item 38 (Record of Assignments) shows that during his initial RVN tour, he was assigned to Company A, 502nd Aviation Battalion; 175th Aviation Company; and 346th Aviation Detachment, Security Platoon.  It also shows he performed in the following duty MOSs:

* 67N (Aircraft Maintenance Crewman)
* 11B (Aerial Door Gunner)
* 11B (Assistant Squad Leader)
* 11B (Security Guard)
* 45J (Senior Armament Repairman)

6.  Item 38 of the DA Form 20 shows that during the applicant’s second RVN tour, he was assigned to the 604th Transportation Company and he performed the duties of a senior armament repairman in MOS 45J.  It also shows he received no less than “excellent” conduct and efficiency rating at each of his active duty assignments.

7.  The applicant’s official military personnel file (OMPF) includes United States Army Flight Training Center, General Orders Number 132 dated 13 September 1968.  It announced his first award of the AGCM for his exemplary behavior, efficiency and fidelity during the period 28 May 1965 to 28 May 1968.

8.  The applicant's official military personnel file (OMPF) is void of any orders or documents that indicate the applicant was ever recommend for or awarded the CIB while serving in the RVN.  It is also void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.

9.  On 15 October 1973, the applicant was honorably released from active duty in the rank of staff sergeant (SSG/E-6) after completing a total of 8 years, 4 months, and 18 days of active military service.  The DD Form 214 he was issued includes the following list of awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* VSM with 4 bronze service stars
* Army Commendation Medal (ARCOM)
* Expert Marksmanship Qualification Badge with Rifle Bar

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  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. A silver service star denotes five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Defense Campaign
* Vietnam Counteroffensive
* Vietnam Counteroffensive, Phase II
* Vietnam Counteroffensive, Phase III
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive VII

11.  Chapter 8 contains guidance on badges and tabs of U.S. origin.  Paragraph 8-6 contains guidance on the CIB criteria and requires that the member was an infantryman satisfactorily performing infantry duties; that he was assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and that he was present with his qualifying infantry unit and actively participated in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.

12.  Army Regulation 672-5-1 (Awards) 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.  

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (604th Transportation Company) earned the Meritorious Unit Citation (MUC) for the period 1 November 1968 through 
31 January 1970 in Department of the Army General Order Number 51 dated 1971.

14.  Department of the Army General Order Number 8, dated 1974, authorized award of the RVN Gallantry Cross with Palm Unit Citation (RVNGC) to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends that he should be awarded the CIB and AGCM.

2.  The evidence of record confirms the applicant was awarded the AGCM (1st Award) for his qualifying period of honorable service from 28 May 1965 to 27 May 1968.  He continued to serve on active duty until he was honorably discharged on 15 October 1973, and his record confirms he received “Excellent” conduct and efficiency ratings at each of his other active duty assignments as evidenced by his DA Form 20.  In addition, his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his second qualifying period of honorable active duty service from 28 May 1968 through 27 May 1971 and to add this award to his record and DD Form 214 at this time.

3.  Further, based on the applicant’s service and campaign participation in the RVN, he is also eligible for the MUC, RVNGC, and a silver service star and three bronze service stars with his already-awarded VSM instead of the four bronze service stars reflected on his 15 October 1973 DD Form 214.  Accordingly, these awards should be added to his DD Form 214 at this time.

4.  The applicant's record is void of any orders or other documents indicating that the applicant was ever recommended for or awarded the CIB by proper authority while serving on active duty, and the CIB is not included in the list of awards contained on his DA Form 20 or DD Form 214.  

5.  By regulation, in order to support award of the CIB, there must be evidence that the member held an infantry MOS; that he was assigned to a qualifying infantry unit of brigade, regimental or smaller size; and that he was present and participated as an infantry Soldier with a qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

6.  The evidence of record in this case confirms that although the applicant served in duty MOS 11B during his RVN tour, he never held an infantry MOS.  He held MOSs 67N and 45 J while assigned either an aviation or transportation company.  As a result, there is no evidence to show he ever held an infantry MOS while assigned to qualifying infantry unit and actively engaged in ground combat with that unit while serving in the RVN.  Therefore, the regulatory criteria necessary to support award of the CIB has not been satisfied in this case. 

7.  In view of the above, the applicants request should be corrected as recommended below.

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 (2nd Award) for his qualifying period of honorable active duty service from 28 May 1968 to 27 May 1971; 
   
   b.  amending item 24 of his15 October 1973 DD Form 214 by deleting the current entry and replacing it with the following awards: 
   
* Army Commendation Medal
* Army Good Conduct Medal
* Air Medal with Numeral 10 
* National Defense Service Medal
* Vietnam Service Medal w/silver service star and 3 bronze service stars
* Aircraft Crewman Badge
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Rifle Bar
   
	c.  and providing the applicant with a correction to his DD Form 214 that reflects this change.

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 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)                                         AR20100021990





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ABCMR Record of Proceedings (cont)                                         AR20100021990



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