IN THE CASE OF: BOARD DATE: 9 August 2012 DOCKET NUMBER: AR20120001565 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). 2. He states, in effect, he deserves this award because he earned it while serving in Vietnam. 3. He provides: * a company roster * a letter of support * an Internet printout of tactical operations for Nantucket Beach 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. After having prior service in the Regular Army and the U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army on 30 August 1966 for a period of 3 years. 3. His record contains a DA Form 20 (Enlisted Qualification Record) which depicts the following information: a. Item 22 (Military Occupational Specialties (MOS)) shows he was awarded MOS 11B (Light Weapons Infantryman) on 16 January 1966. b. Item 31 (Foreign Service) shows he served in Vietnam from 9 March 1970 through 1 February 1971. c. Item 33 (Appointments and Reductions) shows he was advanced to the rank/grade of sergeant/E-5 on 8 May 1969. d. Item 38 (Record of Assignments) he was assigned as an 11B team leader with Company C, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade, Americal Division during his tour in Vietnam. e. Item 41 (Awards and Decorations) shows no award of the CIB. f. Item 44 (Time Lost Under Section 972, Title 10, U.S. Code, and Subsequent to Normal Date ETS) shows he had no time lost. 4. The company roster provided by the applicant, dated 1 July 1970, confirms his assignment with the 1st Platoon, Company C, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade, Americal Division, during his tour in Vietnam; 5. He also provided a letter of support from Staff Sergeant (SSG) Retired (Ret) A____ M____ whose name also appears on the company roster. a. SSG (Ret) A____ M____ states the applicant was a squad leader with 1st Platoon and he was the platoon sergeant for 2nd Platoon during Operation Nantucket Beach. b. He states on many occasions he would take over 1st Platoon and while under his charge during combat missions, the applicant met all the requirements for award of the CIB many times over. 6. The applicant also provided a copy of the unit's operational timeline during the period 22 March 1970 through 1 March 1971. This document details the 1st Battalion, 6th Infantry Regiment's, heavy involvement in active ground combat against enemy forces during tactical Operation Nantucket Beach. 7. He was honorably discharged on 11 March 1975. His DD Form 214 (Report of Separation from Active Duty), as corrected by a DD Form 215 (Correction to DD Form 214), dated 30 March 2009, shows he earned the: * Bronze Star Medal (BSM) * Army Commendation Medal (ARCOM) * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Good Conduct Medal (1st Award) 8. His record is absent documentation showing he was recommended for or awarded the CIB. 9. The applicant's record contains general orders and award certificates that show he was awarded the: a. BSM for meritorious service in connection with military operations against a hostile force during the period March 1970 through February 1971 and b. ARCOM for meritorious achievement in support of counterinsurgency operations against a hostile force while serving in Vietnam. 10. The 1st Battalion, 6th Infantry Regiment, website contains a history of the unit's actions during the Vietnam War. This site specifically outlines the actions of Company C as taken from unit afteraction reports and tactical operation center journals and shows Company C: * detonated a 105 millimeter booby trap on 14 March 1970 and sustained 14 U.S. casualties * engaged six enemy soldiers of which five were killed in action (KIA) on 12 June 1970 * ambushed seven enemy soldiers on 20 September 1970, resulting in four enemy KIA's and one detained * sustained two U.S. KIA's when they detonated an unknown booby trap on 21 November 1970 * engaged an unknown size force on 1 December 1970 which resulted in nine enemy KIA's 11. Army Regulation 600-8-22 (Military Awards) states 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 during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. DISCUSSION AND CONCLUSIONS: 1. His military record shows that while assigned with Company C, 1st Battalion, 6th Infantry Regiment, in Vietnam, he served as an infantry squad leader. 2. The evidence shows the unit to which he was assigned in Vietnam was actively engaged in ground combat for nearly 1 year, all of which occurred during the period 22 March 1970 to 1 March 1971. 3. His record contains no evidence of time lost and he is not shown in any other status other than present for duty during his tour in Vietnam. He was also awarded the BSM and ARCOM for his actions and service in connection with an enemy force while serving in Vietnam. Therefore, it is reasonable to conclude that the applicant was personally present and under hostile fire while serving as an 11B squad leader with his unit in Vietnam. 4. Based on the foregoing, there is sufficient evidence to award the applicant 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 CIB for the period 9 March 1970 through 1 February 1971; and b. adding the CIB to his DD Form 214 for the period ending 11 March 1975. _________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) AR20120001565 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120001565 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1