ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  7 August 2020

	DOCKET NUMBER:  AR20200000397


APPLICANT REQUESTS:  

*	correction of his DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) to reflect issuance of the Combat Infantryman Badge 
(CIB), dated 16 January 1970
*	personal appearance for the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	letter to spouse from commander, dated 8 May 1969
*	DD Form 214 
*	wounded report
*	pictures

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he requests his record be amended to reflect he qualified for 
the CIB and that a corrected DD Form 214 be issued to reflect a CIB.  He deployed 
to the Republic of Vietnam (RVN) on 15 January 1968.  He was assigned to C 
Company, 1st Battalion, 18th Infantry Brigade, 1st Infantry Division.  While assigned 
to his unit, he was a Squad/Team Leader.  His unit was engaged in multiple large 
and small unit engagements with the enemy.  His company had four killed in action 
in the month of March 1969 with others wounded in various engagements during his 
tour.  While on combat patrol on 4 May 1969, he was wounded when he tripped a 
booby trap.  



3.  The applicant's available service records contain the following documents for the 
Board's consideration:

	a.  A DD Form 47 (Record of Induction), which shows the applicant was inducted 
into the Army on 18 January 1968

	b.  General Order Number 124, published by Headquarters, 93d Evacuation 
Hospital, dated 5 May 1969, which shows the applicant was awarded the Purple 
Heart while assigned to Company C, 1st Battalion, 18th Infantry Brigade, 1st Infantry 
Division.  

	c.  A DA Form 20 (Enlisted Qualification Record), which shows:

*	in item 22 (Military Occupational Specialty) he was an 11B Infantryman in 
June 1968
*	in item 31 (Foreign Service) he was in RVN from 6 January 1969 through 
28 May 1969
*	in item 38 (Record of Assignments) he was rated Excellent in conduct and 
efficiency throughout his years of service
*	in item 41 (Awards and Decorations) he was awarded the National 
Defense Service Medal, Vietnam Service Medal, Purple Heart, and 
Vietnam Campaign Medal

4.  The applicant provides the following documents for the Board's consideration:

	a.  A letter from his commander to his wife, dated 8 May 1969 which tells her the 
applicant had been injured and though it was serious, he was expected to make a 
full recovery.  He would be returning home because of his injuries and the wife's gain 
in getting her husband back was the unit's loss.  The applicant was a great Soldier 
and would not be easily replaced.

	b.  His DD Form 214, which shows:

*	he was inducted in the Army on 18 January 1968
*	he was discharged on 16 June 1970
*	he served 1 year, 11 months and 29 days
*	he served 4 months and 23 days in RVN
*	his awards are the National Defense Service Medal, Sharpshooter Rifle 
M-14, Marksman M-16, Purple Heart, Vietnam Service Medal with                           
1 Bronze Star, Vietnam Campaign Medal w/60 Device

	c.  A roster of wounded individuals.  His name does not appear on the roster.

	d.  Pictures of the applicant in Vietnam.

5.  Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing 
before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the 
Director of the ABCMR.

6.  A review of the Awards and Decorations Computer Assisted Retrieval System 
(ADCARS), an index of general orders issued during the Vietnam era between 1965 
and 1973 maintained by the U.S. Army Human Resources Command, failed to 
reveal any orders that show the applicant was awarded the CIB.  

7.  Though the applicant did not request it, a review of his records shows he never 
received the Army Good Conduct Medal (AGCM).  The applicant's DA Form 20 
shows he was rated "excellent" in conduct and efficiency.  His record is void of 
disciplinary actions.  

8.  See applicable references below.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is warranted.

2.  The Board agreed that the applicant met all criteria for award of the CIB.  He was 
an infantryman serving in an infantry unit, and the fact that he was wounded in 
action attests to his active participation in ground combat.  The Board determined he 
should be awarded the CIB effective the date he was wounded and this badge 
should be added to his DD Form 214.

3.  The Board agreed the applicant met the criteria for award of the Army Good 
Conduct Medal (1st Award).  The Board determined he should receive this award 
and it should be added to his DD Form 214.

4.  The Board concurred with the corrections described in Administrative Note(s) 
below.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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:

*	awarding him the Combat Infantryman Badge effective 4 May 1969
*	awarding him the Army Good Conduct Medal (1st Award) for the period 
18 January 1968 to 16 January 1970
*	adding the Combat Infantryman Badge and Army Good Conduct Medal (1st 
Award) to his DD Form 214 and also making the corrections addressed in 
Administrative Note(s) below

	  
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.

ADMINISTRATIVE NOTE(S):  

1. Reference the enclosed request for correction of military records, correct the 
applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge), for the period ending on 16 January 1970 by adding the following 
awards:

*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The following documents are sufficient to justify correction of the DD Form 214 
without action by the Board.

*	General Order Number 8, 1974
*	General Order Number 53, 1970
*	DD Form 214






REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 600-8-22 (Military Awards) states that to be Awarded the 
Combat Infantryman Badge, a Soldier must be an infantryman satisfactorily 
performing infantry duties, be assigned to an infantry unit during such time as the 
unit is engaged in active ground combat, and actively participate in such ground 
combat.  A Soldier must be an Army infantry enlisted Soldier with an Infantry or 
Special Forces MOS, who subsequent to 6 December 1941 has satisfactorily 
performed duty while assigned or attached as a member of an infantry, ranger or 
special forces unit or brigade, regimental, or smaller size during any period such unit 
was engaged in active ground combat.  A recipient must be personally present and 
under hostile fire while serving in an assigned infantry or Special Forces primary 
duty, in a unit actively engaged in ground combat with the enemy.  The unit in 
question can be of any size smaller than brigade.  The CIB is authorized for award 
for the Republic of Vietnam Conflict (2 March 1961 to 28 March 1973), combined 
with qualifying service in Laos (19 April 1961 to 6 October 1962).

3.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the 
ABCMR.  The ABCMR may, in its discretion, hold a hearing or request additional 
evidence or opinions.  Additionally, it states in paragraph 2-11 that applicants do not 
have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant 
a formal hearing whenever justice requires.

4.  Army Regulation 672-5-1 (Awards), in effect at the time, states the AGCM was 
awarded for each 3-year period of continuous enlisted active Federal military service 
completed on or after 27 August 1940 and for the first award only, upon termination 
of service on or after 27 June 1950 of less than 3 years but more than 1 year.  There 
must have been no convictions by court-martial and the Soldier must have received 
all "excellent" conduct and efficiency ratings.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20200000397

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