IN THE CASE OF: BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150016975 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: 11 April 2017 DOCKET NUMBER: AR20150016975 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: 11 April 2017 DOCKET NUMBER: AR20150016975 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add award of the Combat Infantryman Badge and the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states he served in Vietnam from 15 April 1970 to 26 July 1970 and he was medically evacuated. 3. The applicant provides his DD Form 214. 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 8 May 1969. His records show he held military occupational specialty 11B (Light Weapons Infantry). 3. His DA Form 20 (Enlisted Qualification Record) shows: a. he served in Vietnam from 15 April 1970 to 26 July 1970 (3 months); b. he was assigned to Company A, 2nd Battalion (Air Mobile), 506th Infantry Regiment, Vietnam, as a team leader from 29 April 1970 to 25 July 1970; c. he was placed in a patient status and assigned to the 249th General Hospital from 26 July 1970 to 16 August 1970; d. he was reassigned to Korea as an instructor on 25 August 1970; and e. item 40 (Wounds) does not contain an entry indicating he was wounded as a result of hostile enemy action. 4. His name is not listed on the Vietnam casualty roster indicating he was not wounded as a result of injuries incurred as a result of hostile enemy action. 5. His records do not contain, nor has he provided, any medical records to show why he was hospitalized. 6. His records do not contain, nor has he provided, any evidence, such as orders, after action reports, operation orders, declassified staff duty officer journals, morning reports, medical records, statements from fellow Soldiers, or other documents showing his unit was engaged in active ground combat or that he actively participated in ground combat with his unit during the period of his assignment. 7. He was honorably released from active duty on 2 May 1971. He completed 1 year, 11 months, and 25 days of net active service, of which 11 months and 24 days were credited as foreign service. His DD Form 214 lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Armed Forces Expeditionary Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Army Regulation 600-70 (Badges), dated 15 April 1948, stated the Combat Infantryman Badge was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat. Commanding officers of infantry regiments and separate infantry battalions were the award authorities. 3. Army Regulation 600-8-22 (Military Awards) states there are 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty and must have 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. 4. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but were wounded as a result of hostile action; were captured by hostile forces but later escaped or were rescued or released; or were killed in action or otherwise in line of duty. DISCUSSION: 1. The applicant's records do not contain, nor did he provide, orders, after action reports, operation orders, declassified staff duty officer journals, morning reports, medical records, or statements from fellow Soldiers showing he was wounded as a result of hostile enemy action. These documents would have shed light on the nature of his injuries to determine whether he actively participated in his unit in active ground combat and was injured during his participation; unfortunately, the nature of his hospitalization us unknown. Without evidence, it is unclear whether he was hospitalized for an injury incurred as a result of hostile enemy action or for an illness. 2. He served less than 6 months in Vietnam. Soldiers with less than 6 months of service in Vietnam do not qualify for award of the Republic of Vietnam Campaign Medal with Device (1960) unless they were wounded as a result of hostile action or were captured by hostile forces and later escaped. Without evidence to show he met one of these criteria, his eligibility for the Republic of Vietnam Campaign Medal with Device (1960) cannot be determined. 3. The evidence of record shows he served in Vietnam as an enlisted man in an infantry military occupational specialty and was assigned as a member of an infantry regiment or infantry battalion. However, this assignment alone is not sufficient for award of the Combat Infantryman Badge. There must also be evidence showing he participated in active ground combat with his unit. Without such evidence, it cannot be determined if he met the criteria for award of the Combat Infantryman Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016975 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016975 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2