BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160003011 BOARD VOTE: _____x____ ___x____ _____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160003011 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 Combat Infantryman Badge for service between 23 August 1966 to 21 August 1967. b. amending his DD Form 214, ending 23 August 1967, as follows: (1) deleting the Vietnam Service Medal. (2) adding the following awards: * Vietnam Service Medal with two bronze service stars * Valorous Unit Award * Meritorious Unit Commendation * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation _______________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: 14 September 2017 DOCKET NUMBER: AR20160003011 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, in effect: * correction of Special Order (SO) Number 76, dated 7 April 1967, to include his name for the award of the Combat Infantryman Badge * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the award of the Combat Infantryman Badge 2. The applicant states his name was left off the orders awarding the Combat Infantryman Badge by mistake. 3. The applicant provides: * DD Form 214 for the period ending 23 August 1967 * SO Number 76, dated 7 April 1967 * DA Form 20 (Enlisted Qualification Record) 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 15 November 1965. He held military occupational specialty (MOS) 11D (Armored Infantry Specialist). Following initial training, he was assigned to Fort Meade, MD. 3. His DA Form 20 shows, while in Vietnam, he was assigned to K Troop, 3rd Squadron, 11th Armored Cavalry Regiment, from on or about 20 August 1966 to on or about 21 August 1967. 4. His DA Form 20 shows no entry for the award of the Combat Infantryman Badge in item 41 (Awards and Decorations). It does, however, list the Army Good Conduct Medal, awarded per General Order (GO) Number 20, dated 3 August 1967, issued by Headquarters, 3rd Squadron, 11th Armored Cavalry Regiment. 5. He was honorably released from active duty on 23 August 1967. His DD Form 214 shows he completed 1 year, 9 months, and 9 days of net active service, with 1 year of foreign and/or sea service. His rank is listed as specialist four (SP4), with 23 November 1966 as his date of rank. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal (1st Award) 6. The applicant provides SO Number 76, dated 7 April 1967, issued by Headquarters, 11th Armored Cavalry Regiment, that shows a list of Soldiers assigned to K Troop, 3rd Squadron, receiving the Combat Infantryman Badge. The names are in alphabetical order by rank. The names extend to near the end of the second page and, for Soldiers in the rank of SP4, end at the letter "T." REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states: a. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have satisfactorily served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, USARV Regulation 672-1 provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. Appendix V of this regulation provided a list of qualifying MOS, and this list included MOS 11D. b. A bronze service star is added to the Vietnam Service Medal for each campaign in which the Soldier has participated. Recognized campaigns include: * Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967) * Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968) 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. The 3rd Squadron, 11th Armored Cavalry Regiment was awarded two unit awards, as follows: * Meritorious Unit Commendation for the period 13 September 1966 to 31 May 1967 by DAGO Number 32, 1968 * Valorous Unit Award for extraordinary heroism while engaged in military operations on 19 June and 21 July 1967; awarded by DAGO Number 1, 1969 b. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The evidence of record does not affirm the applicant was awarded the Combat Infantryman Badge. The order provided by the applicant shows a list of Soldiers in his unit who received this award, and, for Soldiers in his rank (SP4), the names end at the letter "T." The next order in sequence (SO Number 77) may have listed the remaining qualified Soldiers with last names "T" through "Z," and it is possible his name was included on that next order. Unfortunately, a copy of the next order in sequence is not available. 2. The applicant may have become be qualified for the award of the Combat Infantryman Badge: * he held a qualifying MOS (11D) * he was assigned to a qualifying unit (K Troop, 3rd Squadron, 11th Armored Cavalry Regiment) * his Army Good Conduct Medal (1st Award), issued by the unit with which he served in Vietnam, and his honorable discharge affirm that his service was satisfactory * while he was assigned, his unit (3rd Squadron, 11th Armored Cavalry Regiment) was awarded the Valorous Unit Award for extraordinary heroism while engaged in military operations against a hostile force * other members of his unit were awarded the Combat Infantryman Badge and that his available service record shows no disqualifying information 3. He was awarded the Vietnam Service Medal, but none of the campaigns in which he participated are reflected. He has qualifying service for two bronze service stars. In addition, the unit to which he was assigned in Vietnam received three unit awards that are not currently reflected on his DD Form 214: * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003011 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003011 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2