IN THE CASE OF:	  

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20150000183 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Combat Infantryman Badge and the Air Medal.

2.  The applicant states, in effect:

* his DD Form 214 does not reflect he received the Combat Infantryman Badge and Air Medal
* the proper information was never given to his unit commander and never made it back to logistics
* because he qualified for the Bronze Star Medal he feels he should also be qualified for the Combat Infantryman Badge
* he looked up the criteria and feels he fulfilled the requirements
* on 20 November 1968, three of his brothers-in-arms were killed during an ambush
* the incident in which he participated took place in Phuoc Long Province and was a full-blown firefight
* he was the sixth man back behind the three Soldiers who were killed; they were part of a point squad looking for a 500-bed underground hospital complex
* when the bullets starting flying, he dove behind a tree for cover and returned fire; the firefight lasted about 4 to 5 minutes
* when it was over, the tree he had hidden behind was completely destroyed
* in addition to the three Soldiers killed, there were many who were wounded
* it turned out the enemy had shot down a helicopter, stolen the M-60 machine gun, and had used it against his squad
* the jungle canopy was so thick it was dark during the middle of the day and impossible for a medevac helicopter to come in
* they had to carry the bodies of their fallen comrades to the previous landing zone so a helicopter could land
* he feels this action qualified him to be awarded the Combat Infantryman Badge

3.  The applicant provides a copy of his DD Form 214 and three military résumés of Army Soldiers from the website "TogetherWeServed."

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 17 January 1968.  After completing initial training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he held was sergeant (SGT)/E-5.

3.  He served in Vietnam from on or about 19 June 1968 to on or about 18 June 1969.  While in Vietnam, he was assigned to Company D, 1st Battalion (Airmobile), 12th Cavalry Regiment, 1st Cavalry Division (Airmobile).  

4.  On 16 January 1970, he was honorably released from active duty.  His DD Form 214 shows he completed 2 years of net active creditable service.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), as amended by a DD Form 215 (Correction to DD Form 214), lists the following:

* National Defense Service Medal
* Vietnam Service Medal with one silver service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Air Medal

5.  His DA Form 20 (Enlisted Qualification Record) does not show the award of the Combat Infantryman Badge.  Item 33 (Appointments and Reductions) shows he attained the rank of SGT while still serving in Vietnam.  Additionally, item 38 (Record of Assignments) shows the applicant received conduct and efficiency ratings of “excellent” throughout his service in the Army.  

6.  While his records show orders awarding him the Air Medal, there are no orders which reflect he was awarded the Combat Infantryman Badge.  His records also contain no derogatory information.

7.  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 United States Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.

8.  The applicant provided three military résumés of Soldiers who were killed in action on 20 November 1968 in Phuoc Long, Vietnam.  All Soldiers were assigned to 1st Battalion, 12th Cavalry Regiment.  The facts and circumstances of their deaths are not recorded on their unique webpage nor is there a roster of unit personnel with whom they served available for the Board’s review. 

9.  Army Regulation 600-8-22 (Military Awards) provides policies and procedures for awards.  It states:

   a.  During Vietnam, the Combat Infantryman Badge was awarded to infantry officers and to enlisted and warrant officer persons who had an infantry MOS.  The Soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat (emphasis added).   
   
   b.  The Air Medal was awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The award was primarily intended for personnel on flying status, but could also be awarded to those personnel whose combat duties required them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders were required.

10.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.  His records contain a DD Form 215 which already added the Air Medal to his DD Form 214.  As such, no correction is required.  

2.  The award of the Combat Infantryman Badge requires the recipient to have satisfactorily performed in an infantry MOS, to have been assigned to an infantry unit (which could include an infantry squad or cavalry platoon within an armored cavalry troop) which was actively engaged in ground combat, and to have actively participated in such ground combat (emphasis added).

   a.  He meets at least three of the criteria:

* his MOS was 11B
* he was a rifleman within a cavalry unit
* he apparently performed his duties as an Infantryman in a satisfactory manner, as indicated by his promotion to SGT while still serving in Vietnam as well as receiving only excellent ratings for conduct and efficiency

   b.  While the loss of his brothers-in-arms due to hostile action is noted, unfortunately his records do not provide the details, nor does the applicant offer supporting documentation which clearly verifies his own active participation in ground combat with hostile forces.  

3.  Based upon the foregoing, there is insufficient evidence upon which to grant the requested relief.  Should he be able to provide verifying documentation (such as staff-duty logs, letters from his former chain of command, and eye-witness reports, particularly when part of historical documents) within 1 year of the date of this Board's decision which more clearly defines his combat participation, his application can be reconsidered.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20150000183



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ABCMR Record of Proceedings (cont)                                         AR20150000183



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