BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150016383 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: 24 January 2017 DOCKET NUMBER: AR20150016383 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: 24 January 2017 DOCKET NUMBER: AR20150016383 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 show award of the Combat Infantryman Badge; his training and service at Fort Riley, KS; and his service in the Republic of Vietnam with Company C, 3rd Platoon, 9th Signal Battalion, 9th Infantry Division. 2. The applicant states he trained and served with the 9th Signal Battalion, 9th Infantry Division, for his first 9 months in the Republic of Vietnam, which is not reflected on his DD Form 214. In addition, his battalion commander informed him that if he served more than 90 consecutive days in a combat zone, he was qualified for the Combat Infantryman Badge. a. He entered military service in the U.S. Army in 1965 and he trained and deployed with the 9th Infantry Division for service in Vietnam. His DD Form 214 does not reflect his training and service at Fort Riley, KS, and his service with Company C, 3rd Platoon, 9th Signal Battalion, 9th Infantry Division. b. He left the United States in November 1966 aboard the United States Navy Ship Barrett and arrived in the Republic of Vietnam 17 days later. The 9th Infantry Division and Battalion were housed at Camp Bearcat outside of Long Binh and Dong Tam Base Camp. His duties included helping the engineers build perimeter bunkers for security and defense. They also provided field communications to these bunkers by running wire and field phones. They were constantly under mortar and small arms fire. c. His unit was involved in several key combat operations to include Operation Junction City, Operation Manhattan, and Operation Port Sea. Their duties during these operations were to provide combat support by providing field communications to units involved in the operations by running field wire and field phones and provide for radio communication. When at base camp, their duties included performing perimeter or security duties every 5 days. After performing these duties at night, they had to walk the perimeter of the base camp in the morning to sweep the area for any potential enemies or hazard. Walking perimeters placed him in direct contact with Agent Orange Defoliant. He receives Agent Orange compensation for prostate cancer and surgery to remove his prostate and for coronary artery disease. Agent Orange continues to try to kill him. It has deprived him and his wife of a sex life and caused great stress to both of them. d. In September 1967, he was transferred to the 5th Maintenance Battalion and he returned home to Virginia in November 1967. While in country in Vietnam, he distinctly remembers his battalion commander informing them that they qualified for award of the Combat Infantryman Badge. He stated, "If you served more than 90 consecutive days in a combat zone and operations, you qualified for the Combat Infantryman Badge award." He is not seeking stolen valor, he earned the Combat Infantryman Badge. 3. The applicant provides a copy of his DD Form 214 and a self-authored statement. 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 17 December 1965. He completed training and he was awarded military occupational specialty (MOS) 36C (Lineman). 3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) lists his Duty MOS as 36C. This form further shows he served in the Republic of Vietnam in MOS 36C for the period 28 November 1966 through 21 November 1967. While in the Republic of Vietnam, he served with the following units: * Company C, 9th Signal Battalion, 9th Infantry Division for the period 28 November 1966 to 18 August 1967; and * Headquarters and Main Support Company, 5th Maintenance Battalion for the period 19 August to 21 November 1967 4. The applicant was released from active duty on 24 November 1967. Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 lists the 5th Maintenance Battalion, United States Army Vietnam. His DD Form 214 further shows he was awarded the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * 2 Overseas Service Bars Item 25 (Education and Training Completed) of his DD Form 214 shows he completed the 5-week Field Communications Crewman course at Fort Riley, KS. REFERENCES: 1. U.S. Army Vietnam Regulation (USARV) 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat." This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 2. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is 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. Additionally, Appendix V of USARV 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. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The entry in Item 25 shows formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214. This information is intended to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not to be listed. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show award of the Combat Infantryman Badge, his training and service at Fort Riley, KS, and his service in Vietnam with Company C, 3rd Platoon, 9th Signal Battalion, 9th Infantry Division. 2. Notwithstanding the applicant's and his former battalion commander's contentions, award of the Combat Infantryman Badge requires evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit of brigade, regimental or smaller size, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. In this case, the evidence does not show he met any of the three qualifying factors for award of the Combat Infantryman Badge. 3. The entry in Item 25 of his DD Form 214 shows he successfully completed a 5-week formal in-service (full-time attendance) training course at Fort Riley, KS, during the period covered by the DD Form 214. 4. The applicant's sincerity and service in the Republic of Vietnam are not in question. However, the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. As such, item 12 correctly reflects his last duty assignment and major command. There is no provision in the governing regulation to list previously assigned units on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016383 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016383 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2