IN THE CASE OF:	  

		BOARD DATE:	  19 December 2013

		DOCKET NUMBER:  AR20130006343 


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.

2.  The applicant states the Combat Infantryman Badge was never recorded in his record.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 December 1967
* a statement, dated 3 February 2007, from Sergeant Major (SGM) M_____, Retired
* a statement, dated 23 March 2007, from Lieutenant Colonel (LTC) Mc________, Retired
* his DA Form 20 (Enlisted Qualification Record)

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 9 December 1965, he was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  Headquarters, 4th Infantry Division, Fort Lewis, WA, Special Orders Number 76, dated 22 March 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 17 August 1966, he was assigned to A Troop, 1st Squadron, 10th Cavalry at Fort Lewis, WA.  The unit deployed to the Republic of Vietnam on 
15 September 1966.  

5.  On 23 May 1967, the applicant returned to the United States and on 7 July 1967 he was assigned to the Medical Holding Company, Walson Army Hospital, Fort Dix, NJ.

6.  On 6 September 1967, he was awarded MOS 64A (Light Vehicle Driver) and MOS 11C was withdrawn.

7.  On 8 December 1967, he was released from active duty.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal

8. He submitted a statement, dated 3 February 2007, from SGM M_____, Retired.  SGM M_____ stated:

	a.  He served with the applicant in the Republic of Vietnam, Phu Yen Province, Tuy Hoa from 15 September 1966 to 9 January 1967, the date he was wounded and evacuated.  (The Vietnam Casualty List shows a Staff Sergeant M_____ as being "not seriously wounded, hospitalized" on 9 January 1967 in the Republic of Vietnam).

	b.  During this timeframe he and the applicant were on combat missions together, especially during the months of November and December 1966 and the first few days of January 1967.  Several times they encountered sniper fire and Viet Cong sapper infiltrators trying to breach their positions with intensive firefights.  There were several other firefights with the Viet Cong along Highway 6B and Highway 1 in this area of operation.

9.  The applicant submitted a statement, dated 23 March 2007, from LTC Mc________.  LTC Mc________ stated:

	a.  He commanded Troop A, 1st Squadron, 10th Cavalry in the Republic of Vietnam from 15 October 1966 to 9 April 1967 and the applicant was a member of his unit.

	b.  From mid-November 1966 to mid-January 1967 their unit was engaging the enemy daily.  They encountered sniper fire almost daily on Highway 1.  They encountered numerous sapper attacks on Highway 6B as well as some night attacks supported by very heavy mortars.  

	c.  They also encountered large, command-detonated mines that would blow a 15-ton M113 armored personnel carrier in the air and move it 20 to 30 feet.

	d.  He attests to the fact that the applicant was exposed to all of the above.

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 1st Squadron, 10th Cavalry the unit was awarded the:

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

11.  Appendix V of U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided the policy concerning the award of the Combat Infantryman Badge.

	a.  The Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who had an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

	b.  The term "smaller size" was defined as a unit of squad, platoon or company size.  Personnel possessing an infantry MOS in a rifle squad or a cavalry platoon of an armored cavalry troop would be eligible for award of the Combat Infantryman Badge if other criteria are also met.  

	c.  During the Vietnam era, infantry MOSs for award of the Combat Infantryman Badge were identified as MOS 11B, 11C, 11D, 11F, 11G, 
or 11H.

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

	a.  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 II Campaign (1 July 1966 - 31 May 1967).

	b.  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.  He was assigned to a cavalry troop and his MOS was 11C during the period he was in the Republic of Vietnam.

2.  Both his former commander, now a retired LTC, and a Soldier who served with him in the unit, now a retired SGM, are consistent in their statements concerning Troop A, 1st Squadron's participation in active ground combat with the enemy during the period from November 1966 to January 1967.  SGM M_____ stated he personally served with the applicant during this period and LTC Mc_______ attests to the fact the applicant was there during that period.  There is absolutely no evidence that the applicant was anywhere other than with his assigned unit at the time they were engaged in combat.  

3.  Therefore, there is sufficient evidence to show the applicant was assigned to an infantry unit performing infantry duties and that he was personally present and actively engaged in ground combat with the enemy.  Therefore, he should be awarded the Combat Infantryman Badge effective 9 January 1967, the approximate date he met the criteria for award of the badge.

4.  Based on his service with 1st Squadron, 10th Cavalry in the Republic of Vietnam he is authorized:

* one bronze service star to be worn on his Vietnam Service Medal
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 him the Combat Infantryman Badge effective 9 January 1967 and

	b.  amending his DD Form 214 with an effective date of 8 December 1967 by deleting the Vietnam Service Medal and adding the:

* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* 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)                                         AR20130006343



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ABCMR Record of Proceedings (cont)                                         AR20130006343



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