IN THE CASE OF:	  

		BOARD DATE:	  20 August 2015

		DOCKET NUMBER:  AR20150000892


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 that based on his service under fire in the Republic of Vietnam, for which he was awarded the Army Commendation Medal and other awards, he should be awarded the CIB at this time, without further delay.  Although he has been unable to locate his former company commander (for the purpose of verifying his active engagement with the enemy in combat), it would be a travesty of justice if he did not receive this award for his service to our country during a very difficult war.

3.  The applicant provides copies of:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a letter from the Awards and Decorations Branch, U.S. Army Human Resources Command (HRC), Fort Knox, Kentucky, dated 6 August 2012
* his Army Commendation Medal Citation
* 2 third-party letters of support

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 31 May 1966.  He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 12 November 1966 through on or about 10 November 1967.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company A, 1st Battalion, 14th Infantry Regiment, as an automatic rifleman and squad leader in MOS 11B, during his service in the Republic of Vietnam.

5.  He was promoted to the rank/grade of sergeant (SGT)/E-5, effective 24 June 1967, during his period of service in the Republic of Vietnam.

6.  He was honorably released from active duty on 29 May 1968 and transferred to the U.S. Army Reserve.  His DD Form 214 shows in: 

	a.  Item 22b (Statement of Service – Total Active Service) he served a total of 1 year, 11 months, and 29 days of total active service.

	b.  Item 22c (Statement of Service – Foreign and/or Sea Service) he served a total of 11 months and 29 days of foreign service in the U.S. Army Pacific.

	c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* 2 overseas service bars

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

8.  A DD Form 215 (Correction to DD Form 214) was prepared by HRC on 7 August 2012.  This form amended item 24 of the applicant's DD Form 214 by deleting the Vietnam Service Medal and by adding the following awards:

* Army Good Conduct Medal
* Vietnam Service Medal with 2 bronze service stars
* Navy Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

9.  In support of his application he provided two letters from Soldiers who served with him in the Republic of Vietnam.  The first Soldier attests to the fact that he and the applicant engaged in their first direct contact with enemy forces on 13 January 1967.  The applicant at the time served in the machine gun squad.  They had many more direct engagements with enemy forces.  The second Soldier appears to have written his letter at the time of their service for he discusses the members of their former squad and what happened to each member to include promotions, wounded in action, killed in action and changes to company leadership.  

10.  The Army Commendation Medal Citation states, in pertinent part, that the applicant served in the Republic of Vietnam as a squad leader in 1st Battalion, 14th Infantry.  He performed his duties in an outstanding manner devoting long and arduous hours under "adverse weather and combat conditions."

11.  The 1st Battalion, 14th Infantry Regiment website contains a battalion commander's After Action Report (AAR), dated 14 May 1967, which details a 3 day period of search and destroy operations conducted by Company A of the 1st Battalion, 14th Infantry Regiment during the period 5 through 7 May 1967.  This AAR offers extensive examples of multiple instances in which the company engaged, and was engaged by, the enemy.

12.  Department of the Army General Orders Number 59, dated 26 September 1969, awarded the 1st Battalion, 14th Infantry Regiment the Navy Presidential Unit Citation, for gallantry at Chu Lai for the period 10 September through 15 September 1967.  

13.  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.  

14.  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.

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 A, 1st Battalion, 14th Infantry Regiment, during his service in the Republic of Vietnam.  After being promoted to the rank/grade of SGT/E-5, he assumed the duties and 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, his battalion commander's AAR for the period 5 through 7 May 1967, and the battalion's Navy Presidential Unit Citation, detail aspects of his unit's historical data for the period in which he served; more specifically, its involvement in direct combat operations. 

4.  His unit was heavily engaged with the enemy from 5 through 7 May 1967, from 10 through 15 September 1967, and on countless other occasions throughout his service in country.  Since the applicant served as both an automatic rifleman and squad leader during his period of service in the Republic of Vietnam, it is highly unlikely that he wasn't actively involved in direct combat during either of these periods.  It is more likely than not that he was present and participated in unit operations against the enemy.  Therefore, it would be appropriate to award him the CIB and to correct his DD Form 214 to show this award.

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 actions during the period 5 through 7 May 1967; and

	b.  amending his DD Form 214 for the period ending 29 May 1968 by adding the Combat Infantryman Badge.





      _______ _   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)                                         AR20150000892



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