IN THE CASE OF:	  

		BOARD DATE:	    6 March 2012

		DOCKET NUMBER:  AR20110016283 


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.

2.  The applicant states his receipt of the Air Medal should demonstrate that he participated in ground combat.  As an infantryman he had no reason to fly except for combat insertions.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 February 1969, completed training as a light weapons infantryman in military occupational specialty (MOS) 11B, and was posted to Vietnam.

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) service from 3 August 1969 through 15 July 1970 in duty MOS 11B as a rifleman/assistant gunner with 5th Battalion, 46th Infantry, 198th Light Infantry Brigade, Americal Division.

4.  The applicant returned to the United States on 16 July 1970 and was honorably released from active duty in pay grade E-3 on 28 December 1970.

5.  His DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam (RVN) Campaign Medal with Device (1960), Air Medal, two overseas service bars, Army Commendation Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard.

7.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  The 5th Battalion, 46th Infantry, was awarded the RVN Gallantry Cross with Palm Unit Citation for the periods 24 August through 31 December 1969 and 31 March through 30 June 1970 by Department of the Army General Orders Number 11, dated1973, and amended by Department of the Army General Orders Number 42, dated 1972

	b.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign period.  Appendix B shows that during the applicant's period of service in Vietnam, participation credit was awarded for the following campaigns:  Vietnam Summer-Fall 1969 (9 June-31 October 1969), Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970), Sanctuary Counteroffensive (1 May 30-June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971).

DISCUSSION AND CONCLUSIONS:

1.  The applicant was an infantryman in an infantry company for his entire tour of duty in Vietnam.  During that period he was awarded the Army Commendation Medal and the Air Medal.

2.  Given that there is nothing to show he performed duties as an aircraft crew member and that, except for air assault personnel, passengers were precluded from receipt of the Air Medal, it is reasonable to presume that the applicant's Air Medal was earned as the result of being inserted for ground combat operations.  Therefore, he should be awarded the Combat Infantryman Badge.

3.  The applicant's Vietnam unit received two awards of the RVN Gallantry Cross with Palm Unit Citation.

4.  He participated in four campaigns and is authorized four bronze service stars for wear on the Vietnam Service Medal.

5.  The above awards should be shown on his DD Form 214.

6.  It would be appropriate correct the applicant's records as recommended below.

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 Combat Infantryman Badge for the period August 1969 through July 1970 and

	b.  amending his DD Form 214 by:

		(1)  deleting the Vietnam Service Medal with two bronze service stars and

		(2)  adding the Vietnam Service Medal with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation (2nd Award), and 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)                                         AR20110016283



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016283



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1