IN THE CASE OF:	  

		BOARD DATE:	  14 January 2014

		DOCKET NUMBER:  AR20130007184 


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 correction of his records to show award of the Combat Infantryman Badge.

2.  The applicant states he was assigned to Troop A, 3rd Squadron, 5th Cavalry, 9th Infantry Division, and he served in the Republic of Vietnam (RVN) as an infantryman.  He was awarded the Combat Infantryman Badge, but he cannot find the orders and the badge is not recorded on his separation document.

3.  The applicant provides a copy of 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 was inducted into the Army of the United States on 13 February 1968.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and promoted to specialist four (SP4)/E-4 on 1 November 1968.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), he served in Vietnam from 12 July 1968 through 3 July 1969;

	b.  item 38 (Record of Assignments), he performed duties as a rifleman/light weapons infantryman (MOS 11B) while assigned to Troop A, 3rd Squadron, 
5th Cavalry, 9th Infantry Division, from 20 July 1968 through 1 July 1969; and

	c.  item 41 (Awards and Decorations) does not show the Combat Infantryman Badge.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 12 February 1970.  He completed 2 years of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar

5.  A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the Combat Infantryman Badge.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, revealed a copy of Headquarters, 9th Infantry Division, General Orders Number 6021, dated 27 May 1969, that awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the RVN on 23 March 1969.


7.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

8.  Headquarters, First Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, Special Orders Number 62, dated 2 April 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with
(M-14) Rifle Bar.

9.  Item 38 of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout this period of his military service.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  There must have been no convictions by a court-martial.  

11.  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 3rd Squadron, 5th Cavalry, was cited for award of the Presidential Unit Citation for the period 10 May through 21 May 1969 by Department of the Army General Order (DAGO) Number 16 (1972) as amended by DAGO Number 9 (1979).

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It shows that 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 or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show award of the Combat Infantryman Badge.

2.  There is no evidence that shows the applicant was awarded the Combat Infantryman Badge.

   a.  However, the evidence of record shows he was awarded MOS 11B and he served in duty MOS 11B as an infantryman for more than 11 months while assigned to Troop A, 3rd Squadron, 5th Cavalry Regiment in the RVN.

   b.  He was awarded the Army Commendation Medal with "V" Device for heroism against an armed hostile force in the RVN on 23 March 1969.

	c.  Thus, the available evidence supports award of the Combat Infantryman Badge in this case.  Therefore, it would be appropriate to correct the applicant's records by showing award of the Combat Infantryman Badge.

3.  The evidence of record also shows:

	a.  General orders awarded the applicant's unit the Presidential Unit Citation.

   b.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  The applicant served a period of continuous honorable active duty enlisted service from 13 February 1968 through 12 February 1970.

   a.  He was promoted to SP4/E-4 with less than 9 months of active service and he received all "excellent" conduct and efficiency ratings during his service.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   c.  Based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period
13 February 1968 through 12 February 1970.

5.  In view of the foregoing, it would be appropriate to correct the applicant's  
DD Form 214 to show his awards and decorations, as recommended below.


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 Army Good Conduct Medal (1st Award) for the period
13 February 1968 through 12 February 1970  (Standard Name Line:  SP4  Headquarters and Headquarters Company, 2nd Battalion, 41st Infantry,
2nd Armored Division, Fort Hood, TX); and

	b.  adding to item 24 of his 12 February 1970 DD Form 214 the:

* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Presidential Unit Citation
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar




      _______ _   __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)                                         AR20130007184



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130007184



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1