IN THE CASE OF:	  

		BOARD DATE:	  3 November 2012

		DOCKET NUMBER:  AR20110009693 


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 the Army Commendation Medal (ARCOM) and the CIB.

2.  The applicant states:

* He did not receive the CIB upon his discharge from Vietnam
* His military occupational specialty (MOS) was 11B (light weapons infantryman) and he served in combat
* he was assigned to a mechanized infantry unit and he was attached to various other infantry units in Vietnam
* His company commander did not believe in giving the CIB because they were in a mechanized unit 
* He received the ARCOM but it is not shown on his DD Form 214  

3.  The applicant provides no documentary evidence.

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 17 January 1966.  He completed his training and he was awarded MOS 11B.  He arrived in Vietnam on 3 July 1966.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments):

* he served in duty MOS 11D and his principal duty was light truck driver while assigned to Headquarters and Headquarters Troop (HHT), 1st Squadron, 4th Cavalry in Vietnam from 25 July 1966 through               2 February 1967
* he served in duty MOS 11D and his principal duty was personnel carrier driver while assigned to HHT, 1st Squadron, 4th Cavalry in Vietnam from 3 February 1967 through 28 June 1967
* he departed Vietnam on 29 June 1967 en route to the continental United States for his next duty assignment

* item 38, he received all "excellent" conduct and efficiency ratings throughout his service
* item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

3.  General Orders Number 4633, issued by Headquarters, 1st infantry Division, dated 23 June 1967, awarded the applicant the Army Commendation Medal for meritorious service in Vietnam for the period December 1966 to May 1967.

4.  On 16 January 1968, he was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4 after completing 2 years of total active service with no time lost.  The DD Form 


214 he was issued at the time shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 show the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from receiving this award.

6.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

7.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."

8.  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.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

10.  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 1st Squadron, 4th Cavalry, the unit to which the applicant was assigned, was cited for award of the:

* Presidential Unit Citation for the period June through July 1966 by Department of the Army General Order (DAGO) Number 31, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 6 October 1968 by DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held an infantry MOS and he served in an infantry MOS while assigned to a cavalry unit in Vietnam.  However, there is no evidence of record that shows he participated in active ground combat with his unit.  As he stated, his commander believed they were a “mechanized” unit, not a “ground” unit.  Regrettably, there is an insufficient evidentiary basis for granting this portion of his request.

2.  General orders awarded him the Army Commendation Medal for meritorious service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He was released from active duty in the rank/grade of SP4/E-4 with 2 years of total active service with no time lost.  He also received all "excellent" conduct and efficiency rating throughout his service with no evidence of any derogatory information or a commander's disqualification for the first award of the Army Good Conduct Medal.  As such, it appears he met the eligibility criteria for the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 17 January 1966 through 16 January 1968 and his DD Form 214 should be corrected to show this award.

4.  He participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  His unit was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with one bronze service star;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
17 January 1966 through 16 January 1968; and

	c.  adding to item 24 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
 
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 awarding him the CIB and adding it to his DD Form 214.



      ___________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)                                         AR20110009693



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ABCMR Record of Proceedings (cont)                                         AR20110009693



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