IN THE CASE OF:	  

		BOARD DATE:	    6 March 2012

		DOCKET NUMBER:  AR20110018280 


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 as a light weapons infantryman in the Republic of Vietnam (RVN) and engaged enemy forces in active ground combat.  

3.  The applicant provides military service record documents 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 record shows the applicant was inducted into the Army of the United States, on 30 March 1970, and trained in and was awarded military occupational specialty 11B (Light Weapons Infantryman).  
3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 26 August 1970 through 25 July 1971.  It shows he was promoted to specialist four/E-4 on 14 January 1971, and this is the highest rank he attained while serving on active duty.  It also shows he was reduced to private/E-1 for cause on 10 April 1971 as a result of receiving an Article 15 for disobeying a lawful order.  It further shows he was advanced back to private/E-2 on 10 June 1971 and to private first class/E-3 on 13 November 1971.  

4.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the Company A, 4th Battalion, 21st Infantry Regiment, performing duties in MOS 11B as a rifleman and automatic rifleman.  Item 38 (Record of Assignments) shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) does not include the CIB in the list of earned awards.  

5.  The record also shows the applicant was awarded the Army Commendation Medal (ARCOM) for meritorious achievement in connection with military operations against a hostile force in the RVN during the period September through December 1970.  It also shows he was awarded the Air Medal (AM) for meritorious achievement for participation in aerial flight in the RVN during the period 7 December 1970 through 16 April 1971.  

6.  The record contains no derogatory information other than the Article 15 he received on 10 April 1971.  It is also void of a unit commander disqualification for the Army Good Conduct Medal (AGCM).   

7.  On 29 November 1971, the applicant was honorably released from active duty (REFRAD), in the rank of PFC/E-3, after completing 1 year and 8 months of active military service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued upon his REFRAD shows he earned the following awards during his active duty tenure:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with 1 bronze service star
* RVN Campaign Medal
* ARCOM 1st Oak Leaf Cluster
* AM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Machine Gun Bar


8.  The unit history of the 21st Infantry Regiment shows the 4th Battalion arrived in Vietnam on 14 April 1968.  Based at Duc Pho in Quang Ngai Province, the 
4th Battalion operated primarily in that region during the three plus years it was in Vietnam.  The Duc Pho area was known as a rice bowl and it was fiercely fought over, with the 4th Battalion conducting numerous operations that significantly contributed to preventing the 3rd North Vietnamese Division and local Viet Cong forces from seizing this vital area.  The 4th Battalion also operated in Quang Tin Province west of Tam Ky and at Dong Ha.  From 15 February 1969 to 28 June 1971, the 4th Battalion was assigned to the 23rd Infantry Division (Americal). 
The 4th Battalion, 21st Infantry departed Vietnam on 28 June 1971 having participated in eight Vietnam campaigns and earning two awards of the Republic of Vietnam Cross of Gallantry with Palm.  

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.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* Consolidation I (1 July-30 November 1971)

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 General Orders (DAGO) 8, 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 


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 11B with a qualifying infantry unit during his tour of duty in the RVN.  There is no evidence of record indicating he was ever assigned staff or non-infantry duties during his tenure in the RVN.  It further shows he was awarded the ARCOM for meritorious achievement in connection with military operations against a hostile force in the RVN with a beginning month of September 1970.  In addition, the unit’s history confirms the unit conducted numerous operations that required engagement in active ground combat with enemy forces.  As a result, it is reasonable to conclude he participated in active ground combat with enemy forces with his unit while assigned in the RVN.  Therefore, it would be appropriate to resolve any doubt in his favor of the applicant, award him the CIB, and add it to his DD Form 214.

3.  Further, the record shows that although the applicant received an Article 15 on 10 April 1971, he received "excellent" conduct and efficiency ratings throughout his service and his OMPF is void of derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.  As a result, it would be appropriate to award him the AGCM for the period 30 March 1970 through 29 November 1971, and to add it to his record and DD Form 214.  

4.  The available evidence also confirms that based on his RVN service and campaign participation he is eligible for the RVN Gallantry Cross with Palm Unit Citation and 2 bronze service stars to be worn with his already awarded VSM.  Therefore, it would also be appropriate to add these awards to his 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 30 March 1970 through 29 November 1971;

	b.  awarding him the CIB, effective 1 September 1970;

	c.  deleting the VSM with 1 bronze service star from his DD Form 214; and

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

* AGCM (1st Award)
* VSM with 2 bronze service stars 
* RVN Gallantry Cross with Palm 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)                                         AR20110018280



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ABCMR Record of Proceedings (cont)                                         AR20110018280



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