IN THE CASE OF:	  

		BOARD DATE:	  8 May 2012

		DOCKET NUMBER:  AR20110023235 


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, that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states that he was engaged in combat in Vietnam on numerous occasions.  He further states that he received the Bronze Star Medal (BSM) for Valor and he noticed at his platoon reunion many of his platoon mates wearing the CIB.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a letter from his platoon leader.

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.  On 21 May 1968, the applicant was inducted into the Army of the United States.  He completed training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company C, 4th Battalion, 21st Infantry, 11th Infantry Brigade, during the period 4 November 1968 to 13 October 1969 in the Republic of Vietnam (RVN) in MOS 11B.

4.  The applicant's DA Form 20 shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal (AGCM).  Furthermore, item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings throughout his military service.

5.  On 22 May 1969, the applicant was awarded the BSM with "V" device for his heroism while on a search and clear mission on 9 March 1969 in the RVN.

6.  The applicant was honorably released from active duty on 20 May 1970.  His DD Form 214 shows the following awards:

* Vietnam Service Medal with 3 bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Air Medal
* Bronze Star Medal with "V" device and oak leaf cluster
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 1st Class Gunner Bar (M-16)
* 1st Class Gunner Bar (M-60 machine gun)

7.  Army Regulation 600-8-22 (Military Awards) contains guidance on the Combat Infantryman Badge.  It states that in order to qualify for the Combat Infantryman Badge a member must meet the following three requirements:  be an infantryman satisfactorily performing infantry duties, be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.

8.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.




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 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.

10.  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. 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 has been carefully considered and is found to have merit.  By regulation, there are three basic requirements for the CIB.  The member must have held an infantry MOS; have served with a qualifying infantry unit of brigade, regimental, or smaller size; and must have been personally present and participated while his unit was actively engaged in ground combat with enemy forces.

2.  The evidence shows the applicant held and served in the RVN in an infantry MOS in a qualifying infantry unit.  Based upon his award of the BSM with "V" device, it is presumed that he was present and personally participated when his unit was engaged in active ground combat with enemy forces.  Therefore, based on the foregoing it would be appropriate to award him the CIB.

3.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM.  He received "excellent" efficiency and conduct ratings throughout his military service; therefore, it would be appropriate to award the applicant the AGCM to his records to show this award.

4.  While the applicant was assigned to his unit, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct the record to show this award.




BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 the applicant the CIB for action on 9 March 1969,

	b.  awarding the applicant the AGCM (1st Award) for the period 21 May 1968 through 20 May 1970, and

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

* CIB
* AGCM
* RVN Gallantry Cross with Palm Unit Citation




      _______ _   __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)                                         AR20110023235



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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