DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 1BTH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RB 12 July 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20160000546 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 20 June 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by reissuing the applicant a DD Form 214 adding both the Pathfinder Badge and the Combat Infantryman Badge (CIB). 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 13 November 2017. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: . ./,°' ' . - 1,..--­ Encl Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 20 June 2017 DOCKET NUMBER: AR20160000546 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: 20 June 2017 DOCKET NUMBER: AR20160000546 BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20130004100, dated 13 September 2013 (should read 12 September 2013). 2. The Board determined that an administrative error in the records of the individual should be corrected. The Board requests that the Army Review Boards Agency Case Management Support Division administratively correct the records of the individual concerned by adding the Pathfinder Badge to his DD Form 214. ___________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: 20 June 2017 DOCKET NUMBER: AR20160000546 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 his previous requests for correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. The applicant also requests a personal appearance before the Board. 2. The applicant states: a. He was finally able to locate his best friends from Vietnam, Lieutenant Colonel (LTC) S____ and his Pathfinder Detachment Leader Corporal (CPL) W____. At the time of his previous appeal, he had no knowledge of where these men were. They are now providing their statements and photographs to assist in correcting the error in his record of performance. He believes the statements of these honorable men should clarify the error. b. The statements and documents will show there were many mistakes made in the administrative handling of those personnel assigned to the 13th Combat Aviation Battalion, Pathfinder Detachment II. The personnel system military occupational specialty (MOS) identifier "Y" to denote a pathfinder was not understood regarding how to assign them. There was an effort to assign pathfinders from other infantry units to aviation units supporting the Republic of Vietnam infantry unit. Only infantryman could be pathfinders at this time. He worked in direct support of infantry and aviation units as a pathfinder until reassigned as a door gunner. c. He was also able to locate a letter from Major M____, the former commander of the 121st Combat Aviation Assault Company, acknowledging their work as infantrymen. He believes this statement will show this is an administrative oversight regarding awarding pathfinders the Combat Infantryman Badge. 3. The applicant provides copies of the following: * letter of commendation * DD Form 214 * five letters to the National Personnel Records Center and Members of Congress * information and photographs pertaining to pathfinders in the Vietnam * reference to Army Regulation (AR) 600-8-22 (Military Awards) regarding award of the Combat Infantryman Badge CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130004100, dated 13 September 2010 (should read 12 September 2013). 2. The applicant provides statements from a former member of the Pathfinder Detachment and the former Pathfinder Detachment Leader and a letter of commendation recognizing the Pathfinder Detachment in Vietnam as new evidence which warrant consideration at this time. 3. He enlisted in the Regular Army on 24 April 1967 and he held MOS 11B (Light Weapons Infantryman). 4. He attended the Pathfinder Course at Fort Benning, GA, from 13 October to 21 November 1967. 5. He arrived in Vietnam on 14 December 1967. He was assigned to the Pathfinder Detachment II in MOS 11B1O from 22 December 1967 to 10 June 1968. 6. He provided a copy of a letter of commendation, dated 24 March 1968, wherein the Commander, 121st Assault Helicopter Company, 13th Combat Aviation Battalion (Guardian), recognized the support of the Pathfinder Detachment II during the past 4 months. The commander stated, in part, "Although not assigned or attached to the 121st Assault Helicopter Company, their performance, aggressive attitude and espirit-de-corps has made them a most welcome member of the "Tiger Team" during this unit's airmobile operations." 7. He served in Vietnam with the 121st Assault Helicopter Company in MOS 67A1F (Aircraft Maintenance Apprentice – Pathfinder) from 11 June 1968 to 8 June 1969. 8. On 8 May 1969, he was awarded MOS 67A1F as his primary MOS and MOS 11B as his secondary MOS. 9. He departed Vietnam on 13 June 1969. He was assigned to the 3rd Infantry Detachment, Fort Rucker, AL, in MOS 11B2Y (Infantryman – Pathfinder) from 17 July 1969 to 22 March 1970. 10. He was honorably released from active duty on 23 March 1970 and transferred to the U.S. Army Reserve Control Group. He completed 2 years and 11 months of net active service. His DD Form 214 does not list the Combat Infantryman Badge and Pathfinder Badge as authorized awards. 11. His records do not show he was authorized or awarded the Combat Infantryman Badge during his period of service. Also, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Records) does not list the Combat Infantryman Badge as an authorized award. Item 41 does, however, list the Pathfinder Badge. 12. On 12 September 2013, the ABCMR denied his request for award of the Combat Infantryman Badge and its addition to his DD Form 214. The Board determined there was no evidence confirming he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was engaged in active ground combat with the enemy. 13. He provided copies of the following: a. A statement, dated 11 September 2015, from CPT W____ stated the applicant was trained as an 11B1Y pathfinder. Upon his arrival in Vietnam, he was assigned as a pathfinder to the 9th Infantry Division and 13th Aviation Brigade. About 10 days after his arrival, two additional pathfinders, who had recently graduated from the Pathfinder Course and brand new to Vietnam, were assigned to his unit. One of the Soldiers was the applicant. The 121st Aviation Commander wrote a letter commending them for their actions during that time frame. He believes his statement will attest to the relative importance of having pathfinders as an asset to the aviation community. In late April 1968, the applicant was transferred to the 121st Assault Helicopter Company as a door gunner and he never heard from the applicant until December 2014. He believed the applicant should have been awarded the Combat Infantryman Badge for his service while assigned to Pathfinder Detachment II in Sóc Tr?ng, Vietnam. b. A letter, dated 23 September 2015, from LTC S____ stated the applicant should have been awarded the Combat Infantryman Badge for his service in Vietnam from 1967 to 1969. It was time to correct a 48-year old record of performance of one of "America's Great Warriors." c. A letter, dated 23 September 2015, from the applicant in pursuit of his request for award of a Combat Infantryman Badge advised a Member of Congress of his military service, to include his tour of duty in Vietnam and his achievements. d. A letter, dated 25 September 2015, from LTC S____ advised a Member of Congress of his military service history. He stated he served with the applicant, his best friend, in Vietnam until he was transferred to the 173rd Airborne Brigade. The applicant continued to be assigned to Pathfinder Detachment II and eventually became a door gunner with the 121st Aviation Company. In 2015, he learned the applicant was overlooked and not awarded the Combat Infantryman Badge. AR 600-8-22 allows this award to infantryman pathfinders. He feels so strongly about this that he would gladly rescind his Combat Infantryman Badge award to the applicant, his combat brother, who has earned it himself with honorable and just service. e. A 10-page self-authorized statement with photographs describing his service as a pathfinder in Vietnam. 14. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of General Orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the applicant. REFERENCES: 1. AR 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Combat Infantryman Badge is awarded to an infantryman Soldier satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. As with all personal decorations, formal recommendation, approval through the chain of command and announcement in orders are required. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 provides 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. AR 15-185 (ABCMR), paragraph 2-11, states applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing (personal appearance) whenever justice requires. DISCUSSION: 1. The applicant enlisted in the Regular Army and was awarded MOS 11B. He completed the Pathfinder Course and the special qualification identifier "Y" (Pathfinder) was added to his 11B MOS. He served in MOS 11B1O with Pathfinder Detachment II in Vietnam from 22 December 1967 to 10 June 1968. He served in MOS 67A1F with the 121st Assault Helicopter Company in Vietnam from 11 June 1968 to 8 June 1969. 2. In support of his claim, the applicant provided one statement and two letters from fellow Soldiers at the time in question. The individuals attest to the applicant's performance as a pathfinder and him being an asset to the aviation community. The individuals both believed the applicant should have been awarded the Combat Infantryman Badge for his service while assigned to Pathfinder Detachment II in Sóc Tr?ng, Vietnam. 3. There is no evidence in the available records and he did not submit substantiating evidence showing he was assigned or attached to an infantry unit and/or was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy in Vietnam. He does not meet the criteria for award of the Combat Infantryman Badge. 4. With respect to his request for a personal appearance before the Board, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. When directed, the applicant is notified of the process. 5. The evidence shows the applicant's DD Form 214 contains an administrative error which does not require action by the Board. The Army Review Boards Agency Case Management Division is authorized to add award of the Pathfinder Badge to 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) AR20160000546 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000546 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2