IN THE CASE OF:	  

		BOARD DATE:	 23 May 2012 

		DOCKET NUMBER:  AR20110022598 


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, in effect, award of the Combat Infantryman Badge (CIB) and any medals entitled him due to his combat in Vietnam.  

2.  The applicant states he was a combat infantryman in Vietnam.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge)
* DA Form 20 (Enlisted Qualification Record) extract
* treatment records from the Department of Veterans Affairs (VA)
* letter, National Service Officer, Disabled American Veterans, dated 2 November 2011

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 in the Army of the United States on 27 April 1966.  He completed training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).  The highest rank/grade he attained while on active duty was private first class (PFC)/E-3.

3.  The applicant's DA Form 20 shows the following:

   a. Item 31 (Foreign Service) shows "USARPAC" (U.S. Army Pacific) – Vietnam for the period 22 January 1967 through 21 January 1968.

   b.	Item 38 (Record of Assignments) shows he was assigned to Company A, 1st Battalion, 8th Cavalry, 1st Cavalry Division while in the Republic of Vietnam.

   c.  Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his service.  

   d. Item 39 (Campaigns) shows he was credited with participation in the Vietnam Counteroffensive Phase II campaign.

   e. Item 41 (Awards) shows award of the CIB by Special Order 102, Headquarters 1st Cavalry Division; however, this entry is lined through.

4.  The applicant's DD Form 214 shows the following:

   a.  Item 22c (Foreign and/or Sea Service) shows 11 months and 16 days.

   b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows among his awards, the Vietnam Service Medal and Vietnam Campaign Medal.

5.  The applicant was honorably released from active duty on 30 April 1968 and transferred to the U.S. Army Reserve Control Group for annual training.  He completed 2 years, 1 month, and 4 days of active military service.

6.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good Conduct Medal.

7.  His record does not contain a copy of Special Order 102 or any other order awarding him the CIB.
8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders pertaining to the applicant for award of the CIB.

9.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

10.  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 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with two campaigns:

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

12.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the CIB and any other awards and decorations he is entitled for his service in the Republic of Vietnam was carefully considered and determined to have partial merit.

2.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 27 April 1966 through 30 April 1968 and correction of his DD Form 214 to show this award.

3.  His record shows he was awarded the Vietnam Service Medal.  The evidence shows he participated in two campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to 2 bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.   General Orders award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

5.  There is no evidence showing he was ever awarded or recommended for award of the CIB.  By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The applicant's record is void of any evidence he was awarded or recommended for the CIB and he failed to provide evidence that fulfills this requirement.  Based on the evidence of record, eligibility for award of the CIB cannot be established.


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. Awarding him the Army Good Conduct Medal for the period 27 April 1966 to 30 April 1968.
 
   b.  Adding the following to item 24 of his DD Form 214:
   *	Army Good Conduct Medal
   *	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	two bronze service star to be affixed to his previously awarded Vietnam Service Medal

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 award of the CIB.




      _______ _   _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)                                         AR20110022598



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ABCMR Record of Proceedings (cont)                                         AR20110022598



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