IN THE CASE OF:	  

		BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140016888


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) for his service in the Republic of Vietnam.

2.  The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he served in combat with Company C, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division; however, the CIB was never issued to him following the completion of his combat assignment in Vietnam in October 1967.

3.  The applicant provides a copy of his DD Form 214, and extracts of his         DA Form 20 (Enlisted Qualification Record) and his Department of Veterans Affairs (VA) Rating Decision.

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 enlisted in the Regular Army on 24 June 1965.  He completed his initial entry training and was awarded military occupational specialties (MOS) 12A (Pioneer) and 11B (Light Weapons Infantryman).  Following the completion of his initial entry training, he attended and successfully completed the Basic Airborne Course at Fort Benning, Georgia.  

3.  Special Orders Number 156, issued by Headquarters, 1st Training Brigade, U.S. Army Training Center, Infantry, on 14 August 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 169, issued by Headquarters, 82nd Airborne Division on 26 July 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  General Orders Number 1603, issued by Headquarters, 1st Brigade, 101st Airborne Division on 9 August 1967, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force, during the period 11 September 1966 through 6 August 1967.

6.  General Orders Number 141, issued by Headquarters, 82nd Airborne Division on 3 June 1968, awarded him the Army Good Conduct Medal for exemplary behavior and efficiency and fidelity during the period 24 June 1965 through       23 June 1968 [sic].

7.  He was honorably released from active duty on 21 June 1968 and transferred to the U.S. Army Reserve.  His DD Form 214 shows in – 

	a.  Block 22b (Statement of Service – Total Active Service), he served a total of 2 years, 11 months, and 28 days of total active service prior to his separation.

	b.  Block 22c (Statement of Service – Foreign and/or Sea Service), he served a total of 1 year of foreign service in the U.S. Army Pacific (USARPAC) Theater of Operations.

	c.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Parachutist Badge.


8.  His DA Form 20 (Enlisted Qualification Record) shows in – 

	a.  Item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 11 September 1966 to on or about 10 September 1967.  

	b.  Item 33 (Appointments and Reductions), he was promoted to the rank/grade of sergeant (SGT)/E-5, effective 10 February 1967, during his period of service in the Republic of Vietnam. 

	c.  Item 38 (Record of Assignments), during his service in Vietnam he was assigned to Company C, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division, from on or about 5 October 1966 to on or about 8 September 1967, as an automatic rifleman and as a squad leader in MOS 11B.  

	d.  Item 41 (Awards and Decorations), he was awarded or authorized the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* two overseas service bars

9.  His record is void of documentation that shows he was awarded the CIB.

10.  He provided an extract of his VA Rating Decision, which reads, in part: 

…in your stressor statement, you reported your unit being involved in assault ambush and fire fight attacks.  You reported witnessing fellow Soldiers being killed and removing dead Soldier bodies.  Your personnel records show you served with the 101st Airborne Div of the 1st Brigade with Company C, 2nd Battalion, 502nd Infantry.  Military personnel records do not document receipt of medals, badges, or citations which denote participation in combat.  However, Joint Services Records Research Center (JSRRC) responded indicating that personnel assigned to 2nd Battalion, 502nd Infantry, were killed in action.  It was found that on January 2, 1967, Company C was attacked by a large enemy force while in a defensive position result in six personnel assigned to the Company killed.  History also found that the battalion during the calendar year had 120 personnel killed in hostile action with eight killed in January 1967, five killed in May and five killed in September 1967 from Company C.

11.  Army Regulation 600-8-22 (Military Awards) provides that the CIB is awarded to infantry officers, warrant officers, and enlisted Soldiers possessing an infantry MOS.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned 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.  Combat service or campaign credit alone is not sufficient to award the CIB.  

12.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed the award of the CIB for Army forces operating in South Vietnam.  This regulation stated the criteria for award of the CIB, identified the men who trained, lived, and fought as infantrymen, and identified the CIB as a unique award established to recognize the infantryman for his service.  It further stipulated the CIB was not awarded for being shot at or for undergoing the hazards of day-to-day combat.  It further provided that the CIB was authorized for award to infantry officers and warrant officers and to enlisted Soldiers who possessed an infantry MOS, provided they served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal and states that 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, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase II  (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive Phase III  (1 June 1967 – 29 January 1968)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned, the 2nd Battalion, 502nd Infantry Regiment, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 December 1966 through 18 January 1967, by DAGO Number 21, dated 1969.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded the CIB during his service in the Republic of Vietnam was carefully considered.

2.  His record does not contain official orders that show he was awarded the CIB. However, the evidence of record shows he held an infantry MOS and performed infantry duties while assigned to Company C, 2nd Battalion, 502nd Infantry Regiment, during his service in the Republic of Vietnam.  After being promoted to the rank/grade of SGT/E-5, he assumed the responsibilities of an infantry squad leader. 

3.  In order to qualify for award of the CIB, the recipient must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  His military service record is void of documentation that shows he actively participated in ground combat with the enemy.  However, he provided an extract of his VA Rating Decision that details a portion of his unit's historical data for the period in which he served, more specifically, its involvement in combat operations. 

4.  His unit was heavily engaged with the enemy on 2 January 1967 and several times thereafter throughout the remainder of his service in country.  During the engagement on 2 January 1967, his unit was attacked by a large enemy force while in a defensive position.  Since he was an automatic rifleman at the time, it is unlikely that he wasn't actively involved in combat himself on that date.  It is more likely than not that he was present that day and participated in his unit's defense against an enemy attack.  Therefore, it would be appropriate to award him the CIB and to correct his DD Form 214 to show this award.

5.  General orders awarded him the Army Commendation Medal and the Army Good Conduct Medal, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these individual awards.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these marksmanship badges.

7.  Records show he participated in two campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.
8.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

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.  Awarding him the Combat Infantryman Badge for action on 2 January 1967; and

	b.  Amending his DD Form 214, for the period ending 21 June 1968, by deleting the "Vietnam Service Medal" and adding the:

* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20140016888



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