IN THE CASE OF:    

		BOARD DATE:  14 May 2015	  

		DOCKET NUMBER:  AR20140017485 


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 the award of the Combat Infantryman Badge for his service during Vietnam and, in effect, asks that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was involved in numerous combat missions while in Vietnam.  His first sergeant told him, when he changed his military occupational specialty (MOS) to 11F (Infantry Operations and Intelligence Specialist) he would then be eligible for the Combat Infantryman Badge.

3.  The applicant provides his DD Form 214.

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 8 September 1967.  After completing initial training, he was awarded MOS 05C (Radio-Teletype Operator (RTO)).  The highest rank/grade held was specialist five (SP5)/E-5.

3.  He served in Vietnam from 11 August 1968 to 11 April 1970.  While in Vietnam he served in Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry Regiment first as an RTO from on or about 20 August 1968 to on or about 30 July 1969.  He was then awarded MOS 11F on 17 July 1969 and served in that MOS for the remainder of his tour.  He has qualifying service for five campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)

4.  He was honorably released from active duty on 12 April 1970.  His DD Form 214 shows a total creditable active service of 2 years, 7 months, and 5 days.  He was awarded or authorized the following:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 

5.  His records show, while at basic combat training (BCT), he accepted nonjudicial punishment (NJP) under the Uniform Code of Military Justice (UCMJ) for being found asleep while on fireguard.  

6.  His records also contain a letter of appreciation, dated 4 February 1969, from the S-3 (Operations) field grade commissioned officer, 2nd Battalion, 14th Infantry Regiment addressed to the applicant recognizing him for superior duty performance as an RTO.  His diligence and enthusiasm are particularly noted as significantly adding to the overall efficiency and effectiveness of the unit's mission.

7.  General Orders (GO) Number 7926, dated 18 June 1969, issued by Headquarters, 25th Infantry Division, awarded the applicant the Army Commendation Medal (1st Award) for meritorious service in connection with military operations against a hostile force.

8.  GO Number 11038, dated 29 August 1969, issued by Headquarters, 25th Infantry Division, awarded the applicant the Army Commendation Medal (2nd Award) for meritorious achievement in connection with military operations against a hostile force.

9.  GO Number 15783, dated 29 December 1969, issued by Headquarters, 25th Infantry Division, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force.

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

	a.  Item 38 (Record of Assignments), sub-items listed as Conduct and Efficiency, reflects ratings of “excellent” throughout his period of service

	b.  Item 41 (Awards and Decorations) does not show the award of either the Army Good Conduct Medal or the Combat Infantryman Badge.  

11.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge.

12.  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.  

13.  Army Regulation 600-8-22 (Military Awards) provides policy and guidance for awards and decorations.  It states:

	a.  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 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 (emphasis added).  

	d.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

14.  Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 stated the Combat Infantryman Badge was awarded to:

	a.  Enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  

	b.  Radio/telephone operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations (emphasis added). 

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

	a.  It shows the 2nd Battalion, 14th Infantry Regiment was awarded in Department of the Army General Order (DAGO) 51, dated 1971, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1966 to 21 January 1970.  

	b.  This pamphlet also shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the award of the Combat Infantryman Badge and, based upon the evidence of record, he appears to qualify.  During his tour in Vietnam he:

* was assigned to an Infantry unit
* performed duties both as an RTO or an infantryman
* performed his duties in a satisfactory manner 

2.  While his record is void of documentary verification of his participation in active ground combat, the role of the an RTO and an Infantry Operations and Intelligence Specialist entails direct involvement in actions against the enemy.  Given that he was cited for his outstanding duty performance as an RTO, and received two Army Commendation Medals as well as a Bronze Star Medal for meritorious service during military operations against a hostile force, the evidence strongly suggests his active participation in combat.  He should therefore be awarded the Combat Infantryman Badge, and his DD Form 214 should be so updated.

3.  The applicant received NJP for a minor offense, sleeping on fireguard during BCT.  His record is otherwise exemplary and should therefore be awarded the Army Good Conduct Medal for the period 8 September 1967 to 12 April 1970.

* his DA Form 20, in item 38, shows ratings of excellent for both conduct and efficiency
* his was cited in a letter of appreciation for his contributions to his unit's mission
* he was awarded two Army Commendation Medals and a Bronze Star Medal for his achievements and service
* he was promoted to SP5/E-5

4.  His records show he was awarded a second Army Commendation Medal, but it is not reflected on his DD Form 214.  Additionally, he has qualifying service for five campaigns, but his DD Form 214 does not reflect the appropriate number of service stars.  Based upon his service and the unit to which he was assigned in Vietnam, he should be awarded the Republic of Vietnam Civil Actions Honor Medal First Class and the Republic of Vietnam Gallantry Cross with Palm Unit Citations.  His DD Form 214 should also be amended to show these awards.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 8 September 1967 to 12 April 1970;


	b.  awarding him the Combat Infantryman Badge for the period 11 August 1968 to 11 April 1970;

	c.  deleting the Vietnam Service Medal from his DD Form 214; and,

	d.  adding to his DD Form 214 the award of the:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with silver service star
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20140017485



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ABCMR Record of Proceedings (cont)                                         AR20140017485



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