IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150010264 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150010264 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150010264 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 his unit was involved in active combat on several occasions, one of which occurred on 15 September 1971 resulting in one death and several injuries. 3. The applicant provides two sworn statements and a statement from J__ R__ S____. 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. On 30 March 1971, he was inducted into the Army of the United States. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. He was assigned as a rifleman to B Troop, 1st Squadron, 1st Cavalry in the Republic of Vietnam from 1 September 1971 - 25 March 1972. 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge. 5. There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Combat Infantryman Badge. 6. On 29 March 1973, he was honorably released from active duty. His DD Form 214 does not show he was awarded the Combat Infantryman Badge. 7. The applicant submitted a sworn statement, dated 7 May 2015. a. He served on active duty with B Troop, 1st Squadron, 1st Cavalry, 196th Infantry, Americal Division at Camp Faulkner, Da Nang, Vietnam as an E-4 from 20 August 1971 - 25 March 1972. b. He served with J__ R__ S____ and S__ G____. c. They engaged in combat with the Viet Cong and the North Vietnamese Army (NVA) multiple times during their tour in Vietnam. d. They stood down as a unit in March 1972. Their clerk, S__ G____, cut the orders per Captain (CPT) B___ and ordered Class A uniforms with all of the proper ribbons and medals. Each one of the men in their unit went home wearing a Combat Infantryman Badge. However, their DD Forms 214 are missing the Combat Infantryman Badge. They are trying to correct their military records to reflect the Combat Infantryman Badge. 8. The applicant submitted a sworn statement, dated 11 May 2015, from D___ L. C____. a. He served on active duty with B Troop, 1st Squadron, 1st Cavalry, 196th Infantry, Americal Division at Camp Faulkner, Da Nang, Vietnam as an E-4 from 21 August 1971 - 25 March 1972. b. He served with J__ R__ S____, S__ G____, G__ J__ B____, and the applicant. c. They engaged in combat with the Viet Cong and the NVA multiple times during their tour in Vietnam. d. They stood down as a unit in March 1972. Their clerk, S__ G____, cut the orders per CPT B___ and ordered Class A uniforms with all of the proper ribbons and medals. Each one of the men in their unit went home wearing a Combat Infantryman Badge. However, some DD Forms 214 are missing the Combat Infantryman Badge. The above named individuals are trying to correct their military records to reflect the Combat Infantryman Badge. e. He served as a driver, gunner, and as a track commander while deployed. His DD Form 214 does show the award of the Combat Infantryman Badge. He stated it was obvious to him it was only an oversight that the others do not have the Combat Infantryman Badge shown on their DD Forms 214 as they were all deployed in the same unit during the same time frame. 9. The applicant submitted a statement, dated 16 May 2015, from J__ R__ S____. a. He has been in contact with five buddies, including the applicant, he served with in Vietnam during 1971 and 1972. They all served in B Troop, 1st Squadron, 1st Cavalry, 196th Infantry, Americal Division at Camp Faulkner, Da Nang, Vietnam. CPT B___ was their commander. They have been unable to locate CPT B___. During the past year they discovered that four of them did not have the Combat Infantryman Badge listed on their DD Forms 214 even though orders were cut for them to receive the award. b. Their company clerk, S__ G____ remembers being ordered by CPT B___ to cut all of the orders, which included awarding all of them the Combat Infantryman Badge. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 2. Appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) defined the term "smaller size" as a unit of squad, platoon, or company size. Personnel possessing an infantry MOS in a rifle squad or a cavalry platoon of an armored cavalry troop would be eligible for award of the Combat Infantryman Badge if other criteria are also met. Appendix V also provided that during the Vietnam era infantry MOSs for award of the Combat Infantryman Badge were identified as MOS 11B, 11C, 11D, 11F, 11G, or 11H. DISCUSSION: 1. The applicant contends he should have been awarded the Combat Infantryman Badge. His DA Form 20 does not show he was awarded the Combat Infantryman Badge and there are no orders in his MPRJ for this award. 2. The regulation specifies a recipient of the Combat Infantryman Badge must have an infantry MOS and must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 3. The applicant held the MOS of 11B and he was assigned to smaller size unit of squad, platoon, or company size while in the Republic of Vietnam. 4. He submitted two statements, in addition to his own, that indicate his unit was engaged in combat with the Viet Cong and the NVA. However, there is no corroborating evidence to support these statements. The statements in themselves are insufficient to show he served in active ground combat without corroborating evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010264 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010264 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2