IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150010309 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: AR20150010309 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: AR20150010309 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, in effect, there was a lot of confusion as their unit stood down. The orders were cut and they received their uniforms with the proper badges and ribbons; however, the information failed to be written on their DD Forms 214 (Report of Separation from Active Duty). 3. The applicant provides: * three statements in support of his application * DD Form 214 with an effective date of 20 March 1972 * certificate awarded by the 1st Squadron, 1st Cavalry * two certificates of appreciation * his Honorable Discharge Certificate * license issued by the U.S. Coast Guard 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 25 September 1970, he enlisted in the Regular Army. 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 Calvary in the Republic of Vietnam from 1 September 1971 - 16 March 1972. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received an unsatisfactory rating for conduct during this period of service. 4. Item 41 (Awards and Decorations) of his DA Form 20 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 20 March 1972, he was released from active duty. His DD Form 214 does not show he was awarded the Combat Infantryman Badge. 7. In a sworn statement, dated 8 May 2015, the applicant indicates, in effect: a. He served on active duty with B Troop, 1st Squadron, 1st Calvary, 196th Infantry, Americal Division at Camp Faulkner, Da Nang, Vietnam, in pay grade E-4 from August 1971 - March 1972. b. He served with S__ G____, S__ G____, L__ L__ G____, and G__ J__ B____. 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. The clerk, S__ G____, cut the orders per Captain (CPT) B___ and ordered Class A uniforms with all of the proper ribbons and medals. Every man in the 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 Calvary, 196th Infantry, Americal Division at Camp Faulkner, Da Nang, Vietnam, in pay grade E-4 from 21 August 1971 - 25 March 1972. b. He served with S__ G____, G__ J__ B____, L__ L__ G____, 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. The clerk, S__ G____, cut the orders per CPT B___ and ordered Class A uniforms with all of the proper ribbons and medals. Every man 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 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 an additional statement, dated 16 May 2015. a. He has been in contact with five buddies he served with in Vietnam during 1971 and 1972. They all served in B Troop, 1st Squadron, 1st Calvary, 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. 10. The certificates submitted by the applicant do not provide any evidence of him having participated in active ground combat while in the Republic of Vietnam. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. 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. 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, be satisfactorily performing infantry duties, 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 a smaller size unit of squad, platoon, or company size while in the Republic of Vietnam. However, he received a conduct rating of unsatisfactory during his assignment to that unit. 4. He submitted one sworn statement, in addition to his own, that indicates 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 of 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) AR20150010309 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010309 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2