IN THE CASE OF:	  

		BOARD DATE:  6 March 2012

		DOCKET NUMBER:  AR20110017493 


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 any other awards to which he is entitled.

2.  The applicant states he was in combat as an infantryman assigned to the 
U.S. Army Strategic Command (STRATCOM) and provided base security and security patrols outside the perimeter.  He was not aware the CIB was not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He feels his actions warranted the award and that he is being prejudiced by the Department of Veterans Affairs (VA) because the CIB is not listed on his DD Form 214.

3.  The applicant submits his evidence through counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's record to include the CIB. 

2.  Counsel states the request is being submitted as part of a claim for benefits administered by the Department of Veterans Affairs (VA).

3.  Counsel provides the applicant's DD Form 214.



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 and entered active duty on 1 November 1965.  He completed basic combat and advanced individual training and was awarded the military occupational specialty 11B (Light Weapons Infantryman).  The highest grade/rank he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the U.S. Army STRATCOM, Long Lines Battalion-North, Pleiku, Vietnam, from 
20 May 1966 to 4 October 1966, as an infantryman and U.S. Army Signal Security Forces, Vietnam, from 5 October 1966 to 10 May 1967 as a senior security guard.

4.  He was honorably released from active duty on 31 October 1967.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.  There are no orders in his records that show he was awarded the CIB.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general or special orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the CIB for him.

7.  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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides 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.

8.  U.S. Army Vietnam Regulation Number 672-1specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is 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."  This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

9.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that DA General Orders (DAGO) Number 8, dated 1974, awarded Headquarters, U.S. Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 20 July 1965 to 28 March 1973.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase, 25 December 1965 - 30 June 1966
* Vietnam Counteroffensive Phase II, 1 June 1966 - 31 May 1967

12.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

13.  A review of his service record shows no derogatory information in the form of 
lost time, nonjudicial punishment, or suspension of favorable personnel actions 
that would disqualify him for the first award of the Army Good Conduct Medal during the period 1 November 1965 to 31 October 1967.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service. In addition the applicant was honorably released at the end of his term of service.

14.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's argument that he is entitled to the CIB:

	a.  the applicant's infantry MOS and/or his service in Vietnam are not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the CIB or that he was assigned to an infantry unit or that he was an active participant in ground combat while assigned to an infantry unit; and

	b.  in the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he served with an infantry unit and actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case.

2.  With respect to his request for other awards to which he is entitled:

	a.  GOs awarded Headquarters, U.S. Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to have his DD Form 214 corrected to show this award;

	b.  records show he participated in two campaigns while assigned to 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; 

	c.  the evidence of records shows he served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to correction of his DD Form 214 to show it; and 

	d.  the evidence of record confirms he served honorably on active duty during the period 1 November 1965 to 31 October 1967.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  His record shows he consistently received "excellent" conduct and efficiency ratings.  Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal for the period 
1 November 1965 to 31 October 1967 and to correct his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X  __  ____X __  ____X  __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
1 November 1965 through 31 October 1967; and

	b.  adding to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award) 
* two bronze service stars to be worn on his previously-awarded Vietnam Service Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)

2.  The Board further determined 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 the 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)                                         AR20110017493





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ABCMR Record of Proceedings (cont)                                         AR20110017493



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