IN THE CASE OF: BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150017826 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 IN THE CASE OF: BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150017826 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20070002976, dated 17 July 2007. 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 actions on 21 March 1967, and b. amending his DD Form 214 for the period ending 29 November 1967 by adding the Combat Infantryman Badge and the Presidential 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. IN THE CASE OF: BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150017826 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 reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision as promulgated in Docket Number AR20070002976 on 17 July 2007. Specifically, he requests award of the Combat Infantry Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the CIB and the Presidential Unit Citation (PUC). 2. The applicant states he was not awarded the CIB or a PUC. He served in the Republic of Vietnam from 4 February 1967 through 30 November 1967 in military occupational specialty (MOS) 11B (Light Weapons Infantryman) in Company A, 2nd Battalion, 12th Infantry Regiment. He fought in the battle of Soui Tres on 21 March 1967. 3. The applicant provides a self-authored letter to the Board, dated 25 October 2015, and copies of his: * DA Form 20 (Enlisted Qualification Record) * DA Form 2376 (Notification to State Adjutant General Release from Active Duty of Obligated Reservist), dated 29 November 1967 * Department of the Army General Order (DAGO) Number 59, dated 21 October 1968 * DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ) * twelve witness statements * DD Form 215 (Correction to DD Form 214) dated 18 March 2008 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20070002976 on 17 July 2007. 2. The applicant provides a copy of DAGO Number 59, which awarded his unit of assignment in the Republic of Vietnam the PUC, and 12 witness statements from veterans who served with him in Vietnam. These new documents were not previously considered by the Board; therefore, they now warrant consideration. 3. The applicant was inducted into the Army of the United States on 7 December 1965. He completed his initial entry training and was awarded MOS 11B. 4. The applicant served in the Republic of Vietnam from on or about 4 February 1967 through on or about 29 November 1967. During this period of service, he was assigned to Company A, 2nd Battalion, 12th Infantry Regiment. His DA Form 20, witness statements, and DA Form 2627-1 confirm his assignment to 2nd Battalion, 12th Infantry Regiment. 5. The applicant was honorably released from active duty on 29 November 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960). 6. DAGO Number 59, issued by Headquarters, Department of the Army, on 21 October 1968, announced award of the PUC to 3rd Brigade, 4th Infantry Division and its attached units, including 2nd Battalion, 12th Infantry Regiment, for extraordinary heroism on 21 March 1967. 7. The ABCMR, under Docket Number AR20070002976, issued a DD Form 215 on 18 March 2008 that corrected the applicant's DD Form 214 for the period ending 29 November 1967, by: a. deleting from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) his previously awarded Vietnam Service Medal and adding the following: * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Automatic Rifle and Pistol Bars * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar * Marksman Marksmanship Qualification Badge with Rifle Bar b. adding to item 30 (Remarks) the entry "Service in Vietnam from 4 February 1967 to 27 November 1967. 8. The applicant provides twelve eyewitness statements from former members of Company A, 2nd Battalion, 12th Infantry Regiment. These former unit members acknowledge the applicant was assigned to the unit and he participated in the Battle of Soui Tres in the Republic of Vietnam on 21 March 1967. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that: a. The CIB was 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. (1) Appendix V of U.S. Army Vietnam (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. (2) U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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. 2. DA Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. An examination of this pamphlet, with a corresponding examination of the relevant DAGOs, shows General Orders Number 59, issued by Headquarters, Department of the Army, dated 21 October 1968, announced the President of the United States awarded the PUC to 3rd Brigade, 4th Infantry Division, and its attached units including 2nd Battalion, 12th Infantry Regiment, for extraordinary heroism on 21 March 1967. DISCUSSION: 1. The evidence of record shows the applicant served in the Republic of Vietnam and he was assigned to Company A, 2nd Battalion, 12th Infantry Regiment in MOS 11B. 2. The witness statements and award of the PUC to his unit confirm the applicant's unit engaged in active ground combat with enemy forces on 21 March 1967. The witness statements indicate the applicant participated in ground combat on that date. These statements would support a conclusion that the applicant met the criteria for award of the CIB. 4. Department of the Army General Orders awarded the applicant's unit of assignment the PUC for extraordinary heroism on 21 March 1967. The applicant was assigned to this unit during the date in question. This unit award is not shown on his 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) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017826 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2