ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 August 2021 DOCKET NUMBER: AR20210006765 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge), for the period ending 27 April 1971, to show award of the: * Army Good Conduct Medal * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 27 September 2020 * General Orders Number 147 issued by Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, dated 31 March 1971 * DD Form 214, dated 27 April 1971 * Statement of dated 30 September 2019 * Statement of dated 14 February 2020 * Statement of dated 20 February 2020 * Statement of dated 29 August 2020 * Statement of undated 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. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 to show award of the following awards without Board action. * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars 3. The Board will consider the applicant's request for award of the Combat Infantryman Badge. 4. The applicant states: a. The Army Good Conduct Medal should be added to his DD Form 214. b. He should be awarded the Combat Infantryman Badge for engaging the enemy in Vietnam. He was Infantry and awarded the Air Medal, but not the Combat Infantryman Badge; which is automatic when under fire and returning fire. He provided a statement from his Platoon Leader, Lieutenant attesting to the events. 5. The applicant’s service record shows: a. On 28 April 1969, the applicant enlisted in the Regular Army. b. The applicant served in Vietnam during the period of 22 September 1969 to 13 March 1970 and he participated in two campaigns. c. The applicant's records are void of his DA Form 20 (Enlisted Qualification Record). d. DD Form 214 ending on 27 April 1971, shows the applicant was honorably released from active duty. (1) Item 23a (Specialty Number and Title) – 11B20 (Light Weapons Infantryman). (2) Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * Air Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) e. The applicant’s available records are void of evidence showing he was recommended for or awarded the Combat Infantryman Badge. 6. The applicant provides: a. General Orders Number 147 issued by Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, dated 31 March 1971, awarded the applicant the Army Good Conduct Medal. b. Statement of dated 30 September 2019, in which he stated that he served with A Company, 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division in Vietnam from 16 August 1969 to 16 August 1970. He was in 3rd Platoon with the applicant. c. Statement of dated 14 February 2020, in which he stated that he served in combat in South Vietnam in 1969 with the applicant. They were assigned to A Company, 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division. d. Statement of dated 20 February 2020, in which he stated that during 1969 and 1970, he served with A Company, 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division in Vietnam. He served with the applicant and recalls when their company was sent to the Demilitarized Zone (DMZ) to assist the 5th Mechanized Army Division and was shot by their own gunship. In February 1970, they were in the field when their night defensive position was hit. There were 2-3 times in which their combat unit experienced a hot landing zone and they were awarded the Air Medal as a result. e. Statement of dated 29 August 2020, in which he stated that he served with the applicant while assigned to A Company, 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division from December 1969 to March 1970. They were a Light Weapons Infantry Company that was involved in brutal combat. On or about 16 January 1970, they were attacked on a mountain trail. The North Vietnamese Army threw satchel charges at and in their makeshift tents. A lot of their Soldiers were wounded and had concussions and hearing damage from the satchel charge explosions. On 20 February 1970, they were ambushed and their Platoon Lieutenant and Fire Team Sergeant were killed. Their area of operation was the mountains and Fire Bases in the Northern "I" Corps Tactical Zone. The horrors of the war are a daily reoccurrence that haunts him forever. f. Statement of undated, in which he stated that he was a Second Lieutenant with A Company, 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division in Vietnam from 1969 to 1970. The applicant was attached to his platoon as a sniper. His platoon was involved in many bloody combat events and the applicant was involved in every one of those incidents. He recalls that their entire battalion was airlifted to the DMZ for a mission. They came under attack by a gunship, an American Cobra, due to a mix-up with radio frequencies. Watching their friends and fellow Soldiers gunned down by their own was distressing. The platoon's most courageous point man and lieutenant were ambushed and killed. They suffered great mental and physical impairments. The loud mortar sounds affected their hearing and the smells and emotions are still as real as they were that day. The applicant witnessed the exact same scenes and tries to deal with the memories as they all do. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows the applicant was an infantryman who engaged the enemy while serving in the Republic of Vietnam. However, the specific date of his first engagement is not available for the Board to review. Based upon a preponderance of the evidence the Board determined to grant the award of the CIB with an effective date mirroring a specific date listed in a sworn witness statement. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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 for engaging the enemy on 16 January 1970, and adding the badge to his DD Form 214. 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 from the subject individual to correct his DD Form 214, for the period ending 27 April 1971, by: a. Deleting the Vietnam Service Medal. b. Adding the following awards: * Vietnam Service Medal with two bronze service stars * Army Good Conduct Medal (1st Award) 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DD Form 214 * General Orders Number 147 issued by Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, dated 31 March 1971 * Army Regulation 600-8-22 3. Please correct the applicant’s DD Form 214 by adding the decorations shown in paragraph 1 above and provide the applicant a copy of the corrections. Please ensure that the corrections are recorded in the applicant’s official military personnel record. 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 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. b. A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. A silver service star is authorized in lieu of five bronze service stars. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006765 5 1