PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           31 JANUARY 2002
	DOCKET NUMBER:   AR2001063079

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Ms. Regan K. Smith		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to reflect award of the Combat Infantryman Badge.  He states that he served 12 months in Vietnam and was issued the Combat Infantryman Badge but it was never documented on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He notes the error was discovered when he sought treatment for PTSD (Posttraumatic Stress Disorder).  He submits a copy of his DD Form 214 in support of his request.

3.  Records available to the Board indicate the applicant entered active duty on 29 November 1967 and successfully completed training as an infantryman (specialty 11B).

4.  In May 1968 he was assigned to Company C, 5th Battalion, 7th Cavalry (part of the 1st Cavalry Division (AirMobile)), as a rifleman.  He was serving in pay grade E-2 upon his arrival in Vietnam and was promoted to pay grade E-4 prior to his departure from Vietnam.  He remained in Vietnam, with the same unit, until May 1969 when he returned to the United States and was assigned to Fort Benning, Georgia for the duration of his active military service.

5.  Prior to departing Vietnam, the applicant was awarded an Air Medal for “meritorious achievement while participating in aerial flight in the Republic of Vietnam” for the period May 1968 to March 1969.  He was also awarded an Army Commendation Medal for “meritorious service in connection with military operations against a hostile force in the Republic of Vietnam” during the period May 1968 to May 1969.  During his service in Vietnam he was credited with participating in two designated campaign periods.  There is, however, no indication he was ever awarded the Combat Infantryman Badge.

6.  On 28 November 1969 he was released from active duty with an honorable characterization of service and transferred to the USAR (United States Army Reserve) Control Group (Annual Training).

7.  Army Regulation 672-5-1, then in effect, stated that “an individual must be an infantry officer in the grade of colonel or below, or an enlisted man or a warrant officer with infantry MOS [Military Occupational Specialty], who subsequent to 
6 December 1941 has satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Battle participating [sic] credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.”  As a matter of historical information, the 7th 

Cavalry Regiment was constituted in the Regular Army in July 1866.  On 
28 February 1943 the 7th Cavalry dismounted and reorganized partly under cavalry and partly under infantry tables as an element of the 1st Cavalry Division. In July 1945 the 7th Cavalry reorganized wholly as an infantry element but retained its “Cavalry” designation.  On 1 July 1965 the 1st Cavalry Division (AirMobile) was officially activated.  The 1st Cavalry Division (AirMobile) deployed to Vietnam in mid-1965 with eight maneuver battalions instead of the standard nine.  On 1 April 1966 the 5th Battalion, 7th Cavalry was activated at Fort Carson, Colorado to provide a ninth maneuver AirMobile infantry battalion to the 1st Cavalry Division (AirMobile) in Vietnam.  On 8 August 1966, the advance party of the 5th Battalion, 7th Cavalry departed Peterson Field, Colorado and arrived at Qui Nhon on 11 August.  The main body of the 5th Battalion departed Fort Carson 6 August and arrived after 20 days aboard the USS Gaffey at Cam Ranh Bay on 19 August.  They were flown to An Khe and then moved by convoy to Pleiku to join the 1st and 2nd Battalions of the 7th Cavalry Regiment to fill out the 3rd Brigade.  The unit remained in Vietnam until March 1971.  Based on the 7th Cavalry’s infantry heritage members of its organization were traditionally awarded the Combat Infantryman Badge during the Vietnam era if otherwise eligible.

CONCLUSIONS:

1.  The applicant was an infantryman assigned to an organization which had a longstanding infantry heritage, and as such, members of his unit would have been eligible for award of the Combat Infantryman Badge.  There is, however, no indisputable evidence in available records that the applicant ever “satisfactorily performed” his duties as an infantryman while his “unit was engaged in active ground combat.”

2.  Notwithstanding the lack of indisputable evidence, the Board concludes that the applicant’s continued assignment in the same infantry company throughout his entire Vietnam tour, and his award of the Army Commendation Medal for “meritorious service in connection with military operations against a hostile force,” are sufficient to conclude that in all likelihood the applicant did perform satisfactorily in ground combat, and as such it would be in the interest of equity to award him the Combat Infantryman Badge.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Combat Infantryman Badge.

BOARD VOTE:  

__RVO__  __EJA __  __RKS __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O’Connor_
		        CHAIRPERSON

INDEX

CASE ID	AR2001063079	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020131	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.