IN THE CASE OF:	  

		BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110010821 


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).  He further requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM) with “V” Device.

2.  The applicant states he believes he did not receive his CIB as records indicate he was engaged in combat with enemy forces in Vietnam on
6 September 1969 and other dates.  He was wounded in combat and received the Purple Heart.  He also received an ARCOM with "V" Device for heroism during combat.  He states he was in-country trained as a dog handler.  Although his unit was not an infantry unit, it worked in support of the 5th Infantry Division and the 1st Marine Division.  His citation for award of the ARCOM with “V” Device for his actions on 6 September 1969 should be in his service records as evidence for award of the CIB.

3.  The applicant provides:

* his DD Form 214
* a Department of Defense Uniformed Services, Identification and Privileges Card [Disabled American Veteran]
* a Department of Veterans Affairs (DVA) Identification Card

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 enlisted in the Regular Army on 20 February 1968.  He completed training and he was awarded military occupational specialty (MOS) 91R (Food Inspection Specialist).

3.  Special Orders Number 95, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 4 April 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant arrived in the Republic of Vietnam (RVN) on 27 April 1969.  He was assigned to the 175th Veterinary Detachment where he performed duties as a food inspection specialist.

5.  General Orders Number 1057, issued by Headquarters, 44th Medical Brigade, dated 22 October 1969, awarded the applicant the ARCOM with "V" Device for heroism in connection with military operations against a hostile force on 
6 September 1969, while serving as a veterinary food inspector during an enemy rocket attack on a naval supply depot.  The rocket attack ignited large quantities of ammunition, the resulting blast throwing the applicant against the wall of his office.  The applicant, upon regaining his composure, immediately grabbed his weapon and ran to the compound perimeter.  As soon as the perimeter was secure, the applicant moved to the burning warehouse area where he assisted in the firefighting efforts already in progress.  Following several hours of sustained effort he was relieved and proceeded to the Naval Dispensary where he was treated and released.

6.  On 28 September 1970, he departed the RVN.  He was honorably released from active duty on 3 October 1970 as an overseas returnee in the rank/grade of 

specialist five (SP5)/E-5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 7 months, and 14 days of total active service with no time lost.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214) dated 24 April 2003, shows the:

* Purple Heart
* ARCOM 
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Navy Unit Commendation
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

8.  There are no orders in the applicant's service personnel record awarding him the Combat Infantryman Badge.

9.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* Item 29 (Qualification in Arms) he qualified sharpshooter with the M-14 rifle on 27 March 1968
* Item 38 (Record of Assignment) he received all "excellent" conduct and efficiency ratings throughout his service
* Item 41 (Awards and Decorations) no entry for award of the CIB

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal (AGCM).  His records do not contain any adverse information or a commander's disqualification that would have precluded him from being awarded the AGCM.

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 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.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  It further states all Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.

13.  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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam the applicant participated in the following five campaigns:

* Tet 69 Counteroffensive (23 February1969 - 8 June 1969) 
* 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) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was assigned to a Veterinary Detachment and his principal duty while in the RVN was food inspection specialist.  The applicant contends that because he was placed in combat situations he should receive the CIB.  Military history contains many examples of non-infantry Soldiers temporarily performing basic infantry duties that all Soldiers are taught as part of their basic combat training.

2.  However, the three basic criteria for award of the CIB are to be an infantry Soldier, assigned to an infantry unit, and performing infantry duties in active ground combat with his assigned or attached infantry unit.  It is acknowledged that the applicant may have participated in active ground combat; however, the evidence of record shows that while serving in the RVN his primary specialty was 91R, which makes him ineligible for award of the CIB.  Therefore, there is no basis for granting this portion of his request.

3.  General orders awarded the applicant the ARCOM with "V" Device for heroism in Vietnam on 6 September 1969; however, his DD Form 214 only shows award of the ARCOM.  Therefore, his DD Form 214 should be corrected to show the ARCOM with "V" Device instead of the ARCOM that is currently shown.

4.  The applicant was honorably released from active duty in the rank of SP5 with 2 years, 7 months, and 14 days of creditable active service and no time lost.  There is no evidence of any adverse information or a commander's disqualification.  He also received all "excellent" conduct and efficiency ratings throughout his service.  It appears he was not awarded the 1st award of the AGCM as a result of an administrative oversight.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

5.  The applicant participated during 5 campaign phases in Vietnam.  Therefore, he is entitled to 1 silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the silver service star.

6.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD form 214 should be corrected to show this unit award.

7.  Evidence shows the applicant qualified sharpshooter with the M-14 rifle.  Therefore, his DD Form 214 should be corrected to show this weapon qualification.

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 Army Commendation Medal and the Vietnam Service Medal;

	b.  awarding him Army Good Conduct Medal (1st Award) for the period
20 February 1968 through 3 October 1970; and 

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

* Army Commendation Medal with “V” Device
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with one silver service star
* Sharpshooter Marksmanship Qualification Badge (M-14) Rifle

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)                                         AR20110010821



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010821



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1