BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160002098 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 BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160002098 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. BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160002098 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 records to show he was promoted to the rank/grade of specialist four (SP4)/E-4 prior to his release from active duty. He further requests award of the Combat Infantryman Badge (CIB). 2. The applicant states he served with the 11th Armored Cavalry Regiment (Blackhorse) during his service in the Republic of Vietnam. He served as part of a "beefed-up" armored personnel carrier team consisting of a five-man crew (one driver, one .50 caliber machine gunner, two M-60 machine gunners, and one M-79 grenadier). He participated in numerous firefights and search and destroy missions. Most often, he would dismount and assist long-range surveillance teams and elements of the 25th Infantry Division. His track commander, Sergeant (SGT) KWD, was recommending him from promotion to SP4; however, he was killed in action (KIA) while on an ambush patrol on 19 October 1968. 3. The applicant provides a self-authored statement and a copy of his Department of Veterans Affairs' (VA) Member Identification (ID) Card. 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 27 July 1967. He completed his initial entry training and was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist). 3. The applicant served in the Republic of Vietnam from on or about 14 December 1967 through on or about 6 December 1968, during which time he was assigned to Headquarters and Headquarters Troop, 3rd Squadron, 11th Armored Calvary Regiment. According to his DA Form 20 (Enlisted Qualification Record), during this assignment he served in duty MOS 64B (Heavy Vehicle Driver) as an Assistant Heavy Truck Driver. 4. The applicant was promoted to the rank/grade of private first class (PFC)/E-3, effective 21 December 1967. His record does not contain evidence that shows he was recommended for or previously promoted to the rank/grade of SP4/E-4. 5. The applicant was honorably released from active duty on 25 July 1969. He was issued a DD Form 214 showing: * item 5a (Grade, Rate or Rank) PFC (P) * item 5b (Pay Grade) E-3 * item 6 (Date of Rank) 21December 1967 6. The applicant's record does not contain orders or any other evidence that shows he was previously awarded the CIB. 7. The applicant provides a self-authored statement, wherein he contends: a. He served with the 11th Armored Cavalry Regiment (Blackhorse) in South Vietnam from 1967-1968. He was assigned to I Troop in late August 1968, where he was part of a beefed-up armored personnel carrier team. b. He was in numerous firefights and search and destroy missions during those 5 months. Often, he would dismount with his M-60 and help out an infantry squad to add some extra firepower. He usually worked with the 25th Infantry Division. c. His track commander was recommending him for the CIB; however, he was killed in action (KIA) during an ambush patrol. He knows it was turbulent times back then. d. When his tour was over, he served his last 5 months at Fort Hood, TX. He was discharged on 25 July 1969. He has been going to the VA Center for the last 25 years (mental health clinic). He never gave much thought to whatever awards he was due until a veterans' services officer gave him the ABCMR address. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that the CIB was 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. Campaign or battle credit alone is not sufficient for award of the CIB. Award of the CIB is shown by publication of permanent orders. a. Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. b. USARV Regulation 672-1 provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance for preparation of the DD Form 214. It stated all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. a. For item 5a, the preparer was instructed to enter the separating Soldier's grade in which he/she was serving at the time of separation, indicating whether permanent or temporary (e.g., PFC (P)); b. For item 5b, the preparer was instructed to enter the separating Soldier's pay grade (corresponding with the grade, rate or rank identified in item 5a); c. For item 6, the preparer was instructed to enter the separating Soldier's date of rank for the grade, rate or rank shown in item 5a; and d. For item 30 (Remarks), the preparer was instructed that the remarks section would be used to complete entries too long for their respective items. Specifically, if the grade shown in item 5 was not permanent, enter the permanent grade, date of appointment, and date of rank to the permanent grade. DISCUSSION: 1. The applicant requests correction of his records to show he was promoted to the rank/grade of SP4/E-4 prior to his release from active duty, and to show he was awarded the CIB. 2. The evidence of record shows the applicant was permanently appointed to the rank/grade of PFC/E-3, effective 21 December 1967. He contends his track commander was KIA before recommending him for promotion. There is no evidence within his record, and he did not provide evidence that shows he was promoted to a higher rank/grade than PFC/E-3. Therefore, it appears his DD Form 214 correctly shows his rank. 3. The applicant contends he was in ground combat with the 11th Armored Cavalry Regiment supporting the 25th Infantry Division; he participated in numerous firefights and search and destroy missions. He would dismount with his M-60 machine gun and help out infantry squads engaged in ground combat with the enemy. It appears this is the basis of his request to be awarded the CIB. 4. During the applicant's service in the Republic of Vietnam, he was assigned to the Headquarters and Headquarters Troop, 3rd Squadron, 11th Armored Cavalry Regiment. According to his DA Form 20, he served in a MOS 64B duty position throughout this period. The governing Army regulations provided that: a. The CIB was 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. b. Appendix V of USARV Regulation 672-1 provided that during the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. c. USARV Regulation 672-1 provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 5. The applicant was trained in and awarded MOS 11D. During his period of service in the Republic of Vietnam, his duty MOS was 64B. Unfortunately, other than his own statement, there is no evidence confirming that he performed infantry duties in active ground combat while assigned to duty in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002098 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2