BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150016399 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: 28 March 2017 DOCKET NUMBER: AR20150016399 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: 28 March 2017 DOCKET NUMBER: AR20150016399 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 (CIB). 2. The applicant states when he left Vietnam he was immediately discharged and he was interested in getting back to his family. He did not pay attention to his awards until recently, after speaking to several veterans. 3. The applicant provides: * DD Form 214 * letter * 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 enlisted in the Regular Army on 4 April 1968 and he was honorably discharged on 14 February 1969 to accept a commission. He completed 10 months and 11 days of total active service. The DD Form 214 he was issued shows he was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 3. On 15 February 1969, he was appointed as a Reserve Commissioned Officer of the Army - Infantry, in the rank/grade of second lieutenant/O-1. The evidence further shows he subsequently completed Airborne school and Special Forces training and he was awarded military occupational specialty (MOS) 31542 (Special Forces Officer). 4. His record contains: a. a DA Form 66 (Officer Qualification Record) last audited by the applicant on 2 February 1971. This form notes that while in Vietnam the applicant was assigned to the 517th Military Intelligence Detachment, 1st Brigade, 5th Infantry Division (Mechanized), and he performed duties as the Assistant Order of Battle Section Chief. b. General Orders Number 2121, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), on 12 December 1970, awarding him the Bronze Star Medal for meritorious service for the period February 1970 through February 1971. c. two DA Forms 67-6 (U.S. Army Officer Efficiency Report), which span his service in Vietnam from 11 February 1970 through 20 January 1971. Each notes his principal duty was the Order of Battle Section Chief for the 517th Military Intelligence Detachment, 1st Infantry Brigade, 5th Infantry Division (Mechanized). Both forms are silent regarding being actively engaged in ground combat with enemy forces. 5. On 8 February 1971, the applicant was honorably relieved from active duty at the expiration of his active duty commitment and transferred to the U.S. Army Reserve Control Group (Annual Training) after completing 2 years, 10 months, and 5 days of total active service and 11 months and 17 days of foreign service. His DD Form 214 notes he served in Vietnam from 19 February 1970 to 5 February 1971. This DD Form 214 also shows he was awarded the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * Parachutist Badge 6. There are no orders available awarding him the CIB during this period of service. 7. The applicant provides a self-authored statement wherein he claims he was commissioned as an infantry officer who subsequently attended Airborne and Special Forces training. He was assigned to the 6th Special Forces Group and he attended Vietnamese language training at Fort Bliss, TX, prior to arriving in Vietnam on 15 February 1969. In Vietnam, his orders for the 5th Special Forces Group were changed to 1st Brigade, 5th Infantry Division located in Quang Tri Province on the Demilitarized Zone. All of his training was in the infantry. His specialty was 31542 (Special Forces Officer). While in Vietnam, he was attached to the 517th Military Intelligence Detachment working with the U.S. Army and the 1st Airborne Division. Several times during the year, they received incoming 122mm rocket and small arms fire, usually probes against their perimeter at the Qui Tri combat base. He also served on a rotating basis as officer of the guard of Hotel Sector on the perimeter and received sporadic probing fire. REFERENCES: 1. U.S. Army Vietnam Regulation (USARV) 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam. This regulation stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the CIB is not an award for being shot at or for undergoing the hazards of day to day combat." This regulation also stated the CIB 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. DISCUSSION: 1. There is no evidence of record that indicates the applicant was recommended for or awarded the CIB. By regulation, in order to qualify for award of the CIB there must be evidence not only that the member held and served in an infantry specialty/MOS with a qualifying infantry unit, 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. 2. The available evidence does not conclusively shows he was personally present with a qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat, as required by the criteria for award of the CIB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016399 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016399 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2