IN THE CASE OF:	   

		BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130006903 


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) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  He states he should have been awarded the CIB as a result of his service as an infantryman in Vietnam from 3 September 1969 to 3 September 1970.  He participated in and was exposed to combat.  The DD Form 214 of Mr. V----, a Soldier he served with overseas, shows the CIB.  Lieutenant Colonel (LTC) (Retired) H-----, who was the lieutenant he served under in Vietnam, substantiates his claim.  

3.  He provides:

* his DD Form 214 
* letter from LTC H-----, dated 18 February 2013
* Mr. V----'s DD Form 214
* Certificate of Appreciation, dated 26 March 1971

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 27 March 1969, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms), he qualified:

* Marksman with the M-14 Rifle and .45 caliber pistol
* Second Class Gunner (now called Marksman) with the 81 millimeter mortar

* item 38 (Record of Assignments), he was assigned to duty in Vietnam with Company C, 5th Battalion, 12th Infantry, 199th Infantry Brigade, from 14 September 1969 to 29 August 1970
* item 38, he received all "excellent" conduct and efficiency ratings with the exception of one period of "unknown" ratings
* item 41 (Awards and Decorations) – 

* no entry for the CIB
* during his service in Vietnam he was awarded three awards of the Army Commendation Medal (ARCOM) and one award of the Air Medal (AM)

4.  An undated document entitled "Participation in Cambodia Campaign" signed by the applicant's battalion commander shows the applicant's name listed as having participated in the U.S. Armed Forces campaign in Cambodia during the period 12 May to 25 June 1970.

5.  On 26 March 1971, he was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4.  He completed 2 years of total active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:


* National Defense Service Medal
* two Overseas Service Bars
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM) with three bronze service stars
* ARCOM (3rd Award)
* AM
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  His record is void of documentation showing he was awarded the CIB.

7.  His record is void of documentation showing he was the subject of disciplinary action during his active duty service.

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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders for the CIB pertaining to the applicant.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the 5th Battalion, 12th Infantry, was cited for award of the:

* Valorous Unit Award (VUA) for the period 1 May through 29 June 1970 by Department of the Army General Order (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970, by DAGO 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period April 1968 through 31 August 1970, by DAGO 51, dated 1971

10.  He provides Mr. V----'s DD Form 214, that shows he served in Vietnam from 23 September 1969 to 25 January 1970 and was awarded the CIB.  ARCOM orders in the applicant's record confirm that Mr. V---- was assigned to the applicant's unit during the period in question.

11.  He provides a letter from LTC H------, dated 28 February 2013.  LTC H----- states he was assigned to Company C, 5th Battalion, 12th Infantry, 199th Light Infantry Brigade, in Vietnam as a platoon leader from September 1969 to September 1970.  He states he had the applicant under his command.  He does not know why the CIB was not included on the applicant's DD Form 214, but states he can attest to the fact that the applicant is qualified for and deserving of 


the badge.  He states the oversight should be corrected by awarding the CIB to the applicant.  The applicant's record contains a Letter of Commendation, dated 25 January 1970, that confirms LTC H----- was his platoon leader during the period in question.

12.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  There are basically three requirements for the CIB.  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.

	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	c.  In Paragraph 8-47, a basic marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  There must have been no convictions by a court-martial.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served as an infantryman in an infantry unit during his service in Vietnam.  He was awarded the ARCOM on three occasions and received "excellent" conduct and efficiency ratings, indicating his performance as an infantryman was satisfactory.  During his tour in Vietnam, he participated in operations in Cambodia during a period that coincides with the period for which his unit was awarded the VUA.  Further, his former platoon leader endorses awarding him the CIB.  

2.  In view of the available evidence and in the absence of any evidence to the contrary, it is reasonable to presume that he was present for duty with his unit when the unit was engaged in active ground combat and that he actively participated in the ground combat.  Therefore, it would be appropriate to award him the CIB and correct his DD Form 214 to show this badge.

3.  He received all "excellent" conduct and efficiency ratings throughout his service, except for one period of "unknown" ratings, which is not disqualifying for award of the AGCM.  He was promoted to SP4/E-4 and there is no record of any disciplinary action taken against him.  Based on his overall record of service it appears an administrative error occurred resulting in the applicant not being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 27 March 1969 through 26 March 1971 and to correct his DD Form 214 to show this award.

4.  He participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  He was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  He also qualified as a Marksman with the .45 caliber pistol and the
81 millimeter mortar, which entitles him to Pistol and Mortar Bars for wear with the already-awarded Marksman Marksmanship Qualification Badge.  Therefore, his DD Form 214 should be corrected to show the Pistol and Mortar Bars.

6.  His unit in Vietnam was cited for award of the VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.


BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  deleting from his DD Form 214 the "Vietnam Service Medal with 3 Campaign Stars" and the "Marksman Badge (M14)";

	b.  awarding him the CIB for the period 12 May to 25 June 1970;

	c.  awarding him the AGCM (1st Award) for the period 27 March 1969 through 26 March 1971; and

	d.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle, Pistol, and Mortar Bars
* Valorous Unit Award
* 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)                                         AR20130006903



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ABCMR Record of Proceedings (cont)                                         AR20130006903



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