IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003349 


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).

2.  The applicant states he served for 1 year in the field while assigned to Company A, 4th Battalion, 12th Regiment, 199th Light Infantry Brigade (Separate), and participated in numerous firefights.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Army Commendation Medal (ARCOM) Certificate and Citation in support of his application.

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 19 September 1967.  He was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 3 March 1968 through 2 March 1969.  Item 38 (Record of Assignments) shows he served with Company A, 4th Battalion, 12th Infantry Regiment, 199th Light Infantry Brigade (Separate), during his RVN tour and performed duties in MOS 11C as a gunner.  Item 38 also confirms he received "excellent" conduct and efficiency ratings throughout his service.

4.  The applicant's military personnel records jacket (MPRJ) contains General Orders Number 200, issued by Headquarters, 199th Light Infantry Brigade (Separate), dated 11 February 1969, which awarded him the ARCOM for meritorious service in the RVN from March 1968 to March 1969.

5.  On 18 September 1969, the applicant was honorably released from active duty in the rank/grade of SGT/E-5, after completing 2 years of active military service.

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

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal
* ARCOM
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  The applicant provides the citation prepared to support the ARCOM he was awarded for his service in the RVN.  The citation noted the applicant's courage under fire and his significant contributions to making his company one of the finest combat units in the brigade.

8.  The applicant's MPRJ is void of any derogatory information or a unit commander's disqualification that would have precluded him from the first award of the Army Good Conduct Medal (AGCM).

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains the regulatory guidance for the VSM.  It 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 awarded in lieu of five bronze service stars to denote participation in five campaigns.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:

* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counter Offensive Phase IV (2 April-30 June 1968
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)

10.  Paragraph 8-2 of Army Regulation 600-8-22 contains guidance on the CIB.  It states in order to award the CIB the member must have held and served in an infantry MOS in an infantry unit of brigade, regimental, or smaller size and been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  There must have been no convictions by a court-martial.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit, 4th Battalion, 12th Infantry Regiment, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 through 31 August 1970 by DAGO 51, dated 1971



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the CIB has been carefully considered and was found to have merit.  By regulation, in order to qualify for the CIB the member must hold and serve in an infantry MOS; must be assigned to an infantry unit of brigade, regimental, or smaller size; and must have been present and participated with the unit while it was engaged in active ground combat with enemy forces.

2.  Although the applicant's record is void of specific evidence of his personal participation in active ground combat with his unit in the RVN, it does confirm he served as an infantryman in MOS 11C with a qualifying infantry unit during his tour of duty in the RVN.  There is no evidence of record indicating the applicant was ever assigned to staff or non-infantry duties during his tenure in the RVN.  It further shows he was awarded the ARCOM for meritorious service in the RVN and the copy of the citation he provides for this award attests to his courage under fire and to his contributions to making his company one of the finest fighting units in the brigade.  As a result, it is reasonable to conclude he participated in active ground combat with enemy forces with his unit.  Therefore, it would be appropriate to resolve any doubt in his favor and award him the CIB and to add it to his record and DD Form 214.

3.  Further, the record shows the applicant received "excellent" conduct and efficiency ratings through his service, and his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for the period 19 September 1967 through 18 September 1969 and to add it to his record and DD Form 214.

4.  The evidence of record also confirms that based on his RVN service and campaign participation he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and one silver service star with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.



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.  awarding him the AGCM (1st Award) for the period 19 September 1967 through 18 September 1969,

	b.  awarding him the CIB,

	c.  deleting the VSM from item 24 of his DD Form 214, and

	d.  adding the following awards to item 24 of his DD Form 214:

* AGCM (1st Award)
* VSM with one silver service star
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20110003349



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ABCMR Record of Proceedings (cont)                                         AR20110003349



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