IN THE CASE OF:  	  

		BOARD DATE:  25 June 2015	  

		DOCKET NUMBER:  AR20140019398 


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.

2.  The applicant states because his unit was short personnel he served in his secondary military occupational specialty (MOS) 11B (Light Weapons Infantryman) for the first 4 months in Vietnam.  He went on patrols walking point every other day, participated in helicopter combat assaults, and encountered frequent ambushes.  During the remaining 8 months in Vietnam he served in a mortar platoon and fought off ground and mortar attacks.  He has been diagnosed with Agent Orange related Parkinson's disease and post-traumatic stress disorder. 

3.  The applicant provides copies his DD Form 214 (Report of Transfer or Discharge), three photos taken in Vietnam, a personnel roster naming him, a news paper article, a letter of support from J____ A____, and a letter of support from H____ L____ that includes H____ L____'s DD Form 214 and a casualty roster.

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 on 23 September 1969, completed training, and was awarded the military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  Headquarters, Americal Division, General Orders Number 10656, dated 14 August 1970, awarded the applicant the Bronze Star Medal.  

4.  Headquarters, 23rd Infantry Division, General Orders Number 01578, dated 8 February 1971, awarded the applicant the Bronze Star Medal with 1st Oak Leaf Cluster (2nd Award) for meritorious service for the period March 1970 to March 1971.

5.  His DA Form 20 shows – 

* advancement to specialist four on 6 July 1970
* service in Vietnam from 12 March 1970 through 12 February 1971 
* Vietnam service with Company D and E, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade
* conduct and efficiency ratings of "excellent"
* service during two campaign periods 
* award of the National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Mortar and Rifle Bars

6.  On 3 September 1971, he was honorably released from active duty after completing 1 year, 11 months, and 11 days of active duty service.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Bronze Star Medal,  and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  His record contains copies of his orders for two Bronze Star Medals and the Sharpshooter Marksmanship Qualification Badge with Mortar Bar and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  The applicant's record contains no derogatory entries or record of court-martials that would suggest he was considered ineligible for award of the Army Good Conduct Medal.

9.  In his statement, J____ A____ states he served with the applicant and that they served in combat together.  He states the applicant was shot at on numerous occasions and believes he should be awarded the Combat Infantryman Badge.  

10.  H____ L____ states he served with the applicant in the 1st Battalion, 52nd Infantry Regiment in Vietnam.  They both served as point man for the company and platoon and as combat Soldiers they encountered just about all types of enemy contact from Viet Cong ambushes, booby traps, and snipers, to full contact with North Vietnamese Soldiers.  He was wounded on 8 September 1970 and it was the applicant who applied a field dressing.  The casualty report verifies that he was in the same unit as the applicant at the time he was wounded.  In addition to his statement attesting to the applicant being personally present and under hostile fire while serving in that unit, H____ L____ also provided a copy of his own DD Form 214 that shows his MOS as 11C and that he was awarded two Bronze Star Medals, one with "V" Device; a Purple Heart; and the Combat Infantryman Badge.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 1st Battalion, 52nd Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

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 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 that:

   a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  An enlisted Soldier must have an infantry specialty; they must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat; and they must be personally present and under hostile fire while serving in that unit.  
   b.  A bronze service star is authorized, based on qualifying service for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam he participated during the following three campaign periods:  
   
* Vietnam Winter–Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

14.  The Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states that awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records and abbreviations are not to be used.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to qualify for the Combat Infantryman Badge, a member must not only hold an infantry MOS and serve with a qualifying infantry unit, there must also be evidence that he was personally present and participated in active ground combat.  Holding an infantry MOS, being assigned to a qualifying unit, going on patrols, and receiving campaign credit alone are not sufficient to support award of the Combat Infantryman Badge.

2.  The statements by the two Soldiers who served with the applicant attest to the fact that the applicant was personally present and under hostile fire while serving in that unit on 8 September 1970.  Adding to the statements is the fact that H____ L____'s DD Form 214 and casualty report show that H____ L____  served in the same MOS while serving in the same company as the applicant, and was authorized the Combat Infantryman Badge among other awards.  

3.  Combining the facts that the applicant held an infantry MOS and served in an infantry unit with the personal statements of battle buddies attesting to his having been engaged in active ground combat, there is sufficient evidence to show that the applicant is eligible for award of the Combat Infantryman Badge. 

4.  The applicant was awarded two Bronze Star Medals; however, his DD Form 214 reflects only the first.  It would be appropriate to correct the record to show the Bronze Star Medal (2nd Award).

5.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.  It would be appropriate to correct the DD Form 214 to show these appurtenances.

6.  The applicant's award of the Sharpshooter Marksmanship Qualification Badge with Mortar Bar and his unit’s award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation were omitted from his DD Form 214.  It would be appropriate to correct the record to show these awards.

7.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal (1st Award) for his period of service from 23 September 1969 through 3 September 1971.

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 his period of service from 23 September 1969 through 3 September 1971 and the Combat Infantryman Badge for action on 8 September 1970;
    
   b.  deleting from his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal; and 
    
   c.  adding to his DD Form 214 –
    
* Bronze Star Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Mortar 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)                                         AR20140019398



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140019398



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1