BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160007150 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : 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: 15 May 2018 DOCKET NUMBER: AR20160007150 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 award of the Combat Infantryman Badge (CIB). 2. The applicant states he was assigned to Company D, 2nd Battalion, 35th Infantry Regiment during his service in the Republic of Vietnam. His unit was engaged in ground combat on 18 May 1969, which resulted in casualties and men killed in action. 3. The applicant provides a two-page self-authored statement, dated 19 August 2015, and: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 May 1970 * photocopies of seven photographs depicting men in combat * a one-page printout obtained from the website Virtual Wall Vietnam Veterans Memorial * two third-party 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 23 April 1968. His record shows he was awarded and held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 23 September 1968 through on or about 17 September 1969 * item 38 (Record of Assignments), he was assigned to the Company D, 2nd Battalion, 35th Infantry Regiment during his service in Vietnam * item 41 (Awards and Decorations), the absence of an entry that confirms the CIB as an authorized award 4. The applicant's available military records are void of orders or any other document that indicates he was recommended for or awarded the CIB. There is also no evidence in his military records that indicates he engaged in active ground combat. 5. The applicant was honorably released from active duty on 1 May 1970. His DD Form 214 does not include the CIB as an authorized award. 6. The applicant provides: a. A self-authored statement, in which he describes his several combat encounters with the enemy while serving in Vietnam. b. Photocopies of seven photos depicting men in what appears to be a military field environment. He pointed out a bullet hole on his military tactical communications radio. c. A one-page printout obtained from the website Virtual Wall Vietnam Veterans Memorial pertaining to a former member of his unit in Vietnam who was killed in action in Vietnam on 18 May 1969. d. A statement provided by a former member of his unit in Vietnam, in which the author attests to the applicant's engagement in active ground combat with the enemy. e. A statement provided by the applicant's spouse describing the applicant's behavioral changes as a result of his service in Vietnam. REFERENCES: Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. DISCUSSION: 1. The applicant is requesting to be awarded the CIB. He contends he had several combat encounters with the enemy while serving in Vietnam. 2. To be awarded the CIB, a Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. 3. The evidence shows the applicant held an infantry MOS and he served with an infantry unit in Vietnam. However, there is no evidence in his available military records that indicates he engaged in active ground combat while assigned to this unit. 4. The applicant provides a third-party statement from a former unit member who served with him during his service in Vietnam. This individual attests to the applicant's engagement with the enemy on several occasions; however, he directly recalls 18 May 1969, the date cited by the applicant in his request. 5. The Board must decide if the applicant's third-party statement is sufficient to overcome the lack of official documentation otherwise confirming the applicant's engagement with the enemy during his service in Vietnam. BOARD DATE: 15 May 2018 DOCKET NUMBER: AR20160007150 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 for actions against the enemy on 18 May 1969; and b. amending his DD Form 214 to show he was awarded the Combat Infantryman Badge. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007150 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007150 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2