BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160003053 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 BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160003053 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. 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 effective 18 January 1970 and b. adding the following awards to his DD Form 214: * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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. BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160003053 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. 2. The applicant states he believes the above badge was excluded from his DD Form 214 in error. His DD Form 214 reflects his service in Vietnam, but does not include the Combat Infantryman Badge. 3. The applicant provides his DD Form 214. 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 9 June 1969. He was trained in and held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. He served in Vietnam from 14 November 1969 to 18 January 1970. He was assigned to Company D, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division. 4. He was wounded in action on 18 January 1970. He sustained multiple fragment wounds to both legs, face, both arms, and other injuries during a reconnaissance mission when a booby trap detonated. He was initially treated in Vietnam and subsequently admitted to the 249th General Hospital in Japan on 20 January 1970. 5. Department of the Army General Orders (DAGO) Number 16 issued by Headquarters, 12th Evacuation Hospital, dated 19 January 1970, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 18 January 1970. 6. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 12 March 1971. His DD Form 214 shows he completed 1 year, 9 months, and 4 days of active service with no lost time. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * one overseas service bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Good Conduct Medal (1st Award) * Purple Heart * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) 7. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge as an authorized award. His service records do not contain orders awarding him this badge. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. b. 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 U.S. Army Vietnam Regulation 672-1 states the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H during the Vietnam era. c. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit) shows that during his assignment to the 2nd Battalion, 14th Infantry Regiment, from 14 November 1969 to 18 January 1970, this unit was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 in Department of the Army General Orders Number 5, dated 1973 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1966 to 21 January 1970 in Department of the Army General Orders Number 51, dated 1971 DISCUSSION: 1. There are no special orders in the applicant's service records and he provided none to show he was awarded the Combat Infantryman Badge. However, he held an infantry MOS and he was assigned to an infantry unit in Vietnam and he was wounded in action in Vietnam on 18 January 1970 during a reconnaissance mission. It is reasonable to presume he sustained this injury during combat operations when his unit was engaging the enemy. He appears to have met the criteria for award of the Combat Infantryman Badge. 2. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Neither unit award appears 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) AR20160003053 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003053 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2