BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20150018925 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20150018925 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 2 June 1968. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his records to show he held the rank of sergeant, pay grade E-5. _____________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: 13 June 2017 DOCKET NUMBER: AR20150018925 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 records to show his rank and grade as sergeant (SGT)/E-5 and award of the Combat Infantryman Badge (CIB). 2. The applicant states: a. he performed his duties as requested to the best of his training and abilities and received a field promotion to the rank of SGT, sewn on his uniform and worn while serving in Vietnam; and b. he likewise seeks award of the CIB for his duties performed in Vietnam. 3. The applicant provides: * two pages of electronic mail * two privacy act statements 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 14 June 1967. He was trained in and awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist). 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 7 November 1967 to 3 November 1968 while assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment. 4. Item 33 (Appointment and Reductions) of his DA Form 20 shows he was promoted to the rank and grade of specialist four (SP4/E-4) effective 16 May 1968, his highest rank held. 5. Item 41 (Awards and Decorations) of his DA Form 20 does not list the CIB. The applicant's records do not include any documents or orders to show his receipt of a promotion to the rank of SGT, a recommendation for or award of the CIB, or his participation in active ground combat. 6. On 13 June 1969, the applicant was honorably released from active duty at the expiration of his term of service. He completed 2 years of total active duty service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * RVN Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machine Gun (M-60) Bars * two overseas service bars REFERENCES: 1. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicant's discharge contained item-by-item instructions for completing the DD Form 214 in Section II. These instructions stated the active duty grade of rank and pay grade at the time of separation would be entered. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. b. The CIB 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. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided the command's awards policy. Appendix V provided guidance for award of the CIB and stated that a rifle squad or cavalry platoon satisfied the infantry-type unit of regimental size or smaller requirement for award of the CIB. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Squadron, 11th Armored Cavalry Regiment, was awarded the Presidential Unit Citation for the period 11 May to 2 June 1968 in Department of the Army General Orders Number 45, dated 1969. DISCUSSION: 1. The applicant contends his records should be corrected to show he held the rank and grade of SGT/E-5 and earned the CIB during his RVN service. 2. The applicant's records do not include any documents or orders that show he was promoted to the rank and grade of SGT/E-5. His records do show he was last promoted to SP4/E-4 on 16 May 1968 and this was the rank and pay grade he held on the date of his release from active duty. 3. The evidence of record clearly shows he was awarded an infantry MOS and he was assigned to a qualifying unit in the RVN. While the evidence does not specifically show he ever engaged in active ground combat with his cavalry unit during his service in the RVN from 7 November 1967 to 3 November 1968, his unit was awarded the PUC for extraordinary heroism in action for a 23-day period during his service with the unit. It is reasonable to presume the applicant participated in active ground combat during this period as a member of the unit. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018925 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018925 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2