IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100022252


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states he served in Vietnam with Company A, 1st Battalion, 46th Infantry Regiment, 198th Light Infantry Brigade, from 29 June 1968 to 17 January 1969.  He states that during that time:

* he was in combat and did his share of fighting
* he was awarded the CIB, so he doesn't understand why it's not reflected in his records
* he was promoted from private first class to sergeant in less than 5 months
* he went on many patrols and ambushes
* he did his part during the 8 months he was in the field
* the CIB is the only medal that means anything to an infantryman

3.  The applicant provided a portion of his DA Form 20 (Enlisted Qualification Record) and voluminous pages from an unofficial daily staff journal or duty officer's log of unknown origin.  Two photographs, mentioned by the applicant as showing the CIB on the left pocket of his fatigue shirt, were not enclosed with his application and, therefore, will not be discussed further.


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 was inducted into the Army of the United States for 2 years on 12 December 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 shows he served in Vietnam from 16 June 1968 to 15 July 1969.  While in Vietnam he was assigned to:

* Company A, 1st Battalion, 46th Infantry Regiment, 198th Light Infantry Brigade, from 29 June 1968 through 17 January 1969 as an ammunition bearer and as an automatic rifleman
* Company D of the 52nd Infantry Regiment, from 195 January to 23 February 1969 as a fire team leader
* Company C, 54th Infantry Regiment, 93rd Military Police Battalion, from 28 February to 15 July 1969 as a security guard

4.  On 15 July 1969, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Enlisted Separations) and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 shows he completed 1 year, 7 months, and 4 days of net active service, including 1 year and 1 month of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* two overseas service bars
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  His DA Form 215 (Correction to DD Form 214), dated 17 March 2010, amended his DD Form 214 by:

* deleting the Vietnam Service Medal from item 24
* adding to item 24 the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar 
(M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

7.  There are no official orders in his available records awarding him the CIB.

8.  On 5 November 1968, his unit chain of command recommended him in writing for award of the CIB.  In their request, his chain of command verified his engagement with the enemy on 1 October 1968.  On 6 and 7 November 1968, his higher level chains of command concurred with the unit's recommendation and positively endorsed his CIB award recommendation.

9.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) provides 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 during such time as the unit was engaged in active ground combat and they must have been present with their qualifying infantry unit and participated actively in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal and states 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 is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* 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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the CIB was carefully considered and was determined to have merit.

2.  The evidence of record shows he held an infantry MOS and was assigned to an infantry company in Vietnam.  Although his record does not contain a copy of orders awarding him the CIB, it is apparent his chain of command supported his entitlement to it.  In their written endorsement of his CIB award request, his chain of command verified his engagement with the enemy.  As such, it would be appropriate to add the CIB to his DD Form 214.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  amending item 24 of his DD Form 214 to delete the Vietnam Service Medal with two bronze service stars, and

	b.  amending item 24 of his DD Form 214 to add the Vietnam Service Medal with one silver service star and the CIB.



      _____________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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20100022252



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