BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160002620 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: 7 September 2017 DOCKET NUMBER: AR20160002620 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 amending his DD Form 214 for the period ending 15 March 1971 to show the Army Commendation Medal. 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 the Combat Infantryman Badge or adding additional combat service in the Republic of Vietnam 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: 7 September 2017 DOCKET NUMBER: AR20160002620 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 he served in the Republic of Vietnam and that he was awarded the Combat Infantryman Badge. 2. The applicant states his official duty title while serving in the Republic of Vietnam was supply. He served in combat with the 25th Infantry Division (25ID) and he was awarded the Army Commendation Medal. He states that he served in combat in Cu Chi (Republic of Vietnam) and in Katum (Cambodia) during the May-June 1970 time period. 3. The applicant provides copies of his DA Form 20 (Enlisted Qualification Record), award orders, and a publication pertaining to 25ID combat operations. 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 U.S. Army on 30 July 1969. a. Headquarters, 25ID, Special Orders Number 48, dated 17 February 1970, promoted the applicant to private first class (E-3) in military occupational specialty (MOS) 76A1O (Supply Clerk) effective 17 February 1970. b. Headquarters, 25ID, Special Orders Number 294, dated 21 October 1970, promoted the applicant to specialist four (E-4); withdrew primary MOS (PMOS) 76A1O, and awarded him PMOS 76P2O (Stock Control and Accounting Specialist), effective 12October 1970. 3. His DA Form 20, in pertinent part, shows in: * item 22 (MOSs) – * 76A1O, Supply Clerk, 9 January 1970 (entry is lined-thru; deleted) * 76P2O, Stock Control and Accounting Specialist, 12 October 1970 * item 27 (Military Education): Supply Clerk, 76A1O, Fort Polk, LA (1970) * item 31 (Foreign Service): Vietnam from 12 February 1970 through 15 March 1971 * item 38 (Record of Assignments), he served in Duty MOS 76A1O, Supply Clerk, while assigned to – * Company A, 25th Supply and Transportation (S&T) Battalion, 25ID, from 21 February through 9 December 1970 * Headquarters and Headquarters Company (HHC), 15th Supply and Service (S&S) Battalion, 1st Air Cavalry Division (Airmobile), from 10 December through 18 December 1970 * Company A, 15th S&S Battalion, 1st Air Cavalry Division (Airmobile), from 19 December 1970 through 12 March 1971 * item 41 (Awards and Decorations) does not list the Combat Infantryman Badge 4. Headquarters, 25ID, General Orders Number 8421, dated 27 July 1970, awarded the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force from 13 May to 29 June 1970. 5. The applicant's DD Form 214 shows he was honorably released from active duty on 15 March 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve service obligation. He had completed 1 year, 7 months, and 16 days of total active service this period. It also shows in: * item 12 (Last Duty Assignment and Major Command): Company A, 15th S&S Battalion, U.S. Army Vietnam * item 22 (Statement of Service), block c (Foreign and/or Sea Service): "USARPAC" [U.S. Army Pacific Command]; 1 year, 1 month, 4 days * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Item 30 (Remarks), "RVN [Republic of Vietnam]: 12 February 1970 – 15 March 1971" 6. A review of the applicant's military personnel record failed to reveal orders or evidence showing he was awarded the Combat Infantryman Badge. 7. In support of his application the applicant provides the following additional documents. a. A 25ID Citation pertaining to his award of the Army Commendation Medal for the period 13 May to 29 June 1970 for his outstanding performance and contributions in support of the U.S. Army in the Republic of Vietnam. b. An extract of a publication (Divisions and Task Force Operations) showing the 25ID arrived in the Republic of Vietnam on 28 March 1966. It also shows the 25ID was involved in operations along the Cambodian border region. It states, in pertinent part, "The division continued its primary operation around Cu Chi, and in the spring of 1970 sent elements into Cambodia seeking the North Vietnamese Army sanctuaries." The bulk of 25ID was withdrawn from the Republic of Vietnam on 8 December 1970. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The Combat Infantryman Badge is awarded to infantry officers and to enlisted Soldiers 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 U.S. Army Vietnam Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It established policy for preparing and distributing the DD Form 214. It shows the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation. The instructions show for item 24, list decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein. DISCUSSION: 1. Records show the applicant served in the Republic of Vietnam, U.S. Army Pacific Command, from 12 February 1970 to 15 March 1971 (i.e., 1 year, 1 month, 4 days). This overseas service is shown in item 22c and in item 30 of his DD Form 214. 2. It appears the applicant does not meet the criteria for award of the Combat Infantryman Badge as he held PMOS 76A and then PMOS 76P, and he was assigned to an S&T/S&S battalion during the period of service under review. a. There is no evidence showing he was awarded an infantry MOS or that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. b. There are no orders or other evidence showing he was awarded the Combat Infantryman Badge. 3. General orders awarded the applicant the Army Commendation Medal. This 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) AR20160002620 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002620 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2