BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120015639 


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 reconsideration of an earlier request for award of the Combat Infantryman Badge.

2.  The applicant states a statement from Mr. M_____ verifies he was engaged in ground combat with the enemy on several occasions.  He believes he meets all three requirements for award of the Combat Infantryman Badge.

3.  The applicant provides:

* a statement, dated 22 March 2012, from Mr. M_____
* an undated statement from Mr. S______
* a drivers license and Department of Veterans Affairs (VA) identification card for Mr. S______
* a list of Soldiers assigned to the 3rd Battalion, 12th Infantry, 4th Infantry Division
* an undated newspaper article
* excerpts from the book Apache Recon:  Because of the Brave by
Mr. M_____
* four photographs
* an excerpt from Army Regulation 600-8-22 (Military Awards)
* Army Board for Correction of Military Records (ABCMR) Record of Proceeding, Docket Number AR20110022571, dated 10 May 2012


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20110022571, on 10 May 2012.

2.  The evidence the applicant submitted is new and requires consideration by the ABCMR.

3.  On 20 July 1967, he was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  He served in the Republic of Vietnam from 21 December 1967 through 
29 September 1968 and was assigned to:

* Company C, 2nd Battalion, 39th Infantry, 9th Infantry Division from 
27 December 1967 to 18 March 1968 as a rifleman
* Company E, 3rd Battalion, 12th Infantry, 4th Infantry Division from 
19 March to 28 September 1968 as a scout observer

5.  On 25 July 1969, he was released from active duty.  He completed
2 years of active service that was characterized as honorable.  He had 6 days of lost time.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  In a statement, dated 22 March 2012, Mr. M_____ stated he was attached to Apache 5, the same team the applicant was on.

a.  Mr. M_____ stated they spent 2 1/2 days holding an enemy reinforced artillery regiment that was reinforced by a battalion of infantry at bay.  They were keeping the enemy from escaping to safety in Cambodia.

b.  In his book Apache Recon:  Because of the Brave, Mr. M_____ describes his last combat mission, which the applicant was a part of.

7.  In an undated statement Mr. S______ stated he served in the Republic of Vietnam from 23 August 1967 to 4 September 1968.  The applicant was a member of his team from March to September 1968.  He and the applicant were in heavy combat on 5 May, 26 July, and on 14 August 1968.  The applicant was a very brave and reliable member of his reconnaissance team.	

8.  Department of the Army General Order (DAGO) Number 42, dated 16 June 1969, awarded the Valorous Unit Award to the 2nd Battalion, 39th Infantry for distinguishing itself by extraordinary heroism while engaged in military operations during the period 1 - 3 February 1968 in defense of Ben Tre City in the Republic of Vietnam.  The citation reads in part:

"In two days of bitter house-to-house fighting, the gallant members of the
brigade drove the enemy force out of the province capital and into the open,
where air and artillery support could effectively be utilized.  They then pursued the Communist aggressors into the rice paddies, driving them into a disorganized retreat and killing 174 of the enemy troops.  Their heroic effort was instrumental in thwarting the enemy's objectives during the TET Offensive."

9.  DAGO Number 60, dated 17 October 1969, awarded the Presidential Unit Citation (Army) to the 1st Brigade, 9th Infantry Division and attached units, including the 2nd Battalion, 39th Infantry, for distinguishing themselves by extraordinary heroism in connection with military operations against hostile forces in the Republic of Vietnam during the period 7 March to 22 June 1968.  The citation reads in part:

"In a series of operations, the 1st Brigade, with Company A, 15th Engineer
Battalion (attached) and the 1st Battalion, 11th Artillery in direct support,
located and engaged superior enemy forces in some of the most difficult terrain in Vietnam.  The swift, decisive, and fierce actions of the maneuver and supporting elements annihilated three well-equipped and well-trained enemy battalions."

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 3rd Battalion, 12th Infantry the unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

	b.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served in the:

* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 
	29 	January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 	1968) 
* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 
	1 November 1968) 

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  During the period he was assigned as a rifleman to the 2nd Battalion, 
39th Infantry, the unit was awarded the Presidential Unit Citation (Army) and the Valorous Unit Award for extraordinary heroism while engaged in military operations against hostile forces.  The citations for both awards clearly show the unit was engaged in combat with the enemy.  There is absolutely no evidence that the applicant was anywhere other than with his assigned unit at the time they were engaged in combat.  
2.  The applicant provided two statements from former Soldiers he was assigned with in the 3rd Battalion, 12th Infantry.   Both Soldiers state they were engaged in combat alongside the applicant in the Republic of Vietnam.  Mr. M_____ goes into great detail in his book in describing one such battle.

3.  Based on the evidence that is available to include the Presidential Unit Citation (Army) and the Valorous Unit Award there is sufficient evidence to show the applicant was assigned to an infantry unit performing infantry duties and he was personally present and actively engaged in ground combat with the enemy.  Therefore, he should be awarded the Combat Infantryman Badge effective 
3 February 1968, the approximate date he met the criteria for award of the badge.

4.  Based on his service with the 2nd Battalion, 39th Infantry, he is authorized to wear the:

* Presidential Unit Citation (Army)
* Valorous Unit Award

5.  Based on his service with the 3rd Battalion, 12th Infantry, he is authorized to wear the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

6.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his already-awarded Vietnam Service Medal.  

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 amendment of the ABCMR’s decision in Docket Number AR20110022571, dated 10 May 2012.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Combat Infantryman Badge effective 3 February 1968; and

	b.  amending his DD Form 214 by deleting the Vietnam Service Medal with 
2 bronze service stars and adding the:

* Presidential Unit Citation (Army)
* Combat Infantryman Badge
* Valorous Unit Award
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120015639



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ABCMR Record of Proceedings (cont)                                         AR20120015639



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