BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20120007815 


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 on a Special Forces Field Training Team (SFFTT) (6 man team) and was assigned to the Royal Laotian Army Group Mobile 15.  They were under fire from the enemy and in constant threat of attack for 6 months and 19 days.  At least two of his teammates were awarded the CIB and he was not.  He was assigned duty in military occupational specialty (MOS) 111 (Senior Scout) and MOS 051 (Intermediate Speed Radio Operator).  He was discharged 5 months after the mission was completed and he felt maybe the award just did not catch up to him.  He further states that maybe he does not deserve the award, but if he does he would like to have it even after 50 years.  

3.  The applicant provides 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 enlisted in the Regular Army on 26 February 1960, and was trained in and awarded MOS 051.  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  His records show he served in Laos with the 7th Special Forces Group (SFG) Airborne, 1st Special Forces (SF) Regiment from 18 March 1962 to 20 October 1962. 

4.  He was honorably released from active duty on 25 February 1963.  

5.  There are no official orders in his records that show he was awarded the CIB.

6.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

7.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to a Soldier assigned as a member of a White Star Mobile Training Team while the team was attached to or working with a unit of regimental or smaller size of Forces Armee du Royaume (FAR) or with irregular- type forces of regimental or smaller size; as a member of Military Assistance Advisory Group-Laos assigned as an advisor to a region or zone of FAR, or while serving with irregular-type forces of regimental or smaller size; or personally under hostile fire while assigned as specified above.

8.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed advisor positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio/telephone operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations. 





9.  Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to be awarded the CIB has been carefully considered and found to have merit.  

2.  By regulation, the CIB is authorized to members who hold a radio/telephone operators MOS provided their primary duty was to accompany an infantry or infantry-type units on tactical operations. 

3.  The evidence of record confirms the applicant held a radio/telephone operator MOS and was assigned to the 7th SFG, 1st SF Regiment while serving in Laos during White Star.  Therefore, it would be appropriate to award him the CIB and add it to his DD Form 214.

4.  The evidence of record confirms the applicant served a qualifying period of active duty service that entitles him to the National Defense Service Medal.  Therefore, it would be appropriate to add this award to his record at this time.  

5.  He served honorably from 26 February 1960 through 25 February 1963.  He completed a combat tour in Laos, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service. Lacking any derogatory information on file that would have disqualified him from 
receiving the first award of the AGCM, it would be appropriate to award the applicant the AGCM and add to his records 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:

* awarding him the CIB while assigned to the 7th SFG Airborne, 1st SF, and
adding the CIB to his DD Form 214
* adding to his DD Form 214 the NDSM and AGCM 




      _______ _   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)                                         AR20120007815



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ABCMR Record of Proceedings (cont)                                         AR20120007815



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