BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20140012496 


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 that he was assigned to Company B, 1st Battalion, 
27th Infantry Regiment (Wolf Hounds), 25th Infantry Division (25ID) in the Republic of Vietnam (RVN) from August 1967 to August 1968.

   a.  He states the first time he went to the field he came under enemy fire was in a hot landing zone and he returned fire.  He performed many other missions in the Iron Triangle where he encountered hostile fire and engaged the enemy with small arms fire.

   b.  He volunteered for the Long Range Reconnaissance Patrol (LRRP) and performed numerous missions that lasted five days in the field monitoring and recording enemy movements.  On one occasion his unit was compromised.  Gunship helicopters were called in that laid down rocket and machinegun fire to suppress the enemy fire and extract them.

   c.  He then volunteered for the Air Rifle Support Team whose mission it was to land in hostile territory and provide ground support to U.S. troops who were engaged in enemy contact.  He adds that he was awarded the Air Medal for completing more the 25 combat aerial assault missions.

3.  The applicant provides self-authored statements, his record of assignments, and copies of his Air Medal and Bronze Star Medal award certificates.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's records to show award of the Combat Infantryman Badge.

2.  Counsel states, in effect, she defers to the applicant.

3.  Counsel provides no additional documentary evidence.

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 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 U.S. Army on 8 March 1967.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was promoted to specialist four (E-4) on 1 December 1967.

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

   a.  item 31 (Foreign Service):  Vietnam from 10 August 1967 through 
16 August 1968;

   b.  item 38 (Record of Assignments) –

* Duty MOS (DMOS) 11B2O, Automatic Rifleman – Company B,
1st Battalion, 27th Infantry, 25ID, from 12 August 1967 through
19 December 1967
* DMOS 11B2O, Automatic Rifleman – Company F, 50th Infantry (LRRP), 25ID, from 20 December 1967 through 22 March 1968
* DMOS 11B2O, Light Weapons Infantryman – Troop D, 3rd Squadron, 4th Cavalry, 25ID, from 23 March 1968 through 15 August 1968


   c.  item 41 (Awards and Decorations) –

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* RVN Campaign Medal
* Vietnam Service Medal
* two Overseas Service Bars
* Bronze Star Medal
* Air Medal
* Army Good Conduct Medal

4.  Headquarters, 25ID General Orders (GO) Number 5902, dated 19 August 1968, awarded the applicant the Bronze Star Medal for meritorious service in the RVN from August 1967 to August 1968.  His Bronze Star Medal Citation shows, in pertinent part, "he consistently manifested exemplary professionalism and initiative in obtaining outstanding results" and "despite many adversities, he invariably performed his duties in a resolute and efficient manner."

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 
7 March 1969.

	a.  He completed 2 years of total active service during this period that included 1 year and 7 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* RVN Campaign Medal
* Vietnam Service Medal
* two Overseas Service Bars
* Air Medal
* Bronze Star Medal

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

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of GOs issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant.

8.  In support of his application the applicant provides the following additional documents:

* DA Form 4980-9 (Air Medal Certificate) and Air Medal Citation that show he was awarded the Air Medal for meritorious achievement for participating in more than 25 aerial missions over hostile territory in support of counterinsurgency operations in the RVN during the period
19 November 1967 to 4 January 1968
* DA Form 4980-5 (Bronze Star Medal Certificate) that shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the RVN during the period August 1967 to August 1968

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

10.  Headquarters, Fort Polk, LA, Special Orders Number 147, dated 8 June 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

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 also shows the:

   a.  1st Battalion, 27th Infantry, was cited for award of the –

* RVN Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968 in Department of the Army General Orders (DAGO) Number 48, 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
1 January 1966 through 21 January 1970 in DAGO Number 51, 1971

	b.  Company F, 50th Infantry (LRRP), was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 20 December 1967 through 22 March 1968 in DAGO Number 48, 1971.

   c.  This pamphlet also states that not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.
12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns –

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

	c.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted Soldiers 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record shows the applicant was awarded MOS 11B and he served in DMOS 11B2O in the RVN while assigned to Company B, 1st Battalion, 27th Infantry from 12 August 1967 through 19 December 1967 and Company F, 50th Infantry (LRRP) from 20 December 1967 through 22 March 1968.

	a.  During this period, he received campaign participation credit for two campaigns and he was awarded the Bronze Star Medal for meritorious service based on his exemplary professionalism in ground operations against hostile forces in the RVN.

	b.  Thus, the available evidence supports award of the Combat Infantryman Badge in this case and 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.  The applicant qualified for award of the VSM and he participated in four campaigns during his service in Vietnam.  Thus, he is authorized four bronze service stars for wear on his already-awarded VSM.

	b.  DAGOs awarded the applicant's unit the –

* RVN Gallantry Cross with Palm Unit Citation (two awards)
* RVN Civil Actions Honor Medal First Class Unit Citation

   c.  SOs awarded him the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

4.  Therefore, 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 Combat Infantryman Badge for exemplary conduct in active ground combat in the Republic of Vietnam from 12 August 1967 to 22 March 1968 (Standard Name Line:  SP4, Company F, 50th Infantry (Long Range Reconnaissance Patrol), 25th Infantry Division);

	b.  deleting from item 24 of his DD Form 214 the "VSM"; and


	c.  adding the following awards to item 24 of his DD Form 214 –

* Vietnam Service Medal with 4 Bronze Service Stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with (M-16) 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)                                         AR20140012496



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ABCMR Record of Proceedings (cont)                                         AR20140012496



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