BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160007187 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: 17 May 2018 DOCKET NUMBER: AR20160007187 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: * awarding him the Combat Infantryman Badge * adding the Combat Infantryman 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: 17 May 2018 DOCKET NUMBER: AR20160007187 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge. 2. The applicant states he was awarded the Combat Infantryman Badge by his unit in the Republic of Vietnam, but it was not added to his DD Form 214. He states his unit’s combat history is well known and everyone in his unit received the Combat Infantryman Badge. He served in 4th Platoon, Company A, 1st Battalion, 173rd Airborne, from February 1966 to February 1967. He states during his service in the Republic of Vietnam he participated in 20 major combat operations. He discovered this error while applying for benefits and the Department of Veterans Affairs is attempting to use this error to deny him benefits. 3. The applicant provides – * DD Form 214 * Special Orders Number 194 dated 14 July 1966 * Special Orders Number 344 dated 1 December 1966 * General Orders Number 195 dated 9 February 1967 * Sworn statement of Louis M. and his personal DD Form 214 * Sworn statement of James A. C. * From Wikipedia, "List of allied military operations of the Vietnam War (1966)" * multiple photographs of the applicant COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: The applicant listed the Disabled American Veterans (DAV) as his counsellor. However, the DAV did not provide a written statement. On the application the DAV representative did request a copy of the Board's decision. 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 enlisted in the Regular Army on 23 August 1965. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. The applicant’s DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service), shows he served in the Republic of Vietnam from 6 February 1966 to 5 February 1967. Item 38 (Record of Assignments) shows he was assigned to – * Headquarters and Headquarters Company, 1st Battalion, 503rd Infantry, from 12 February to 12 June 1966 * Company A, 1st Battalion, 503rd Infantry, from 13 June 1966 to 3 February 1967 4. Item 41 (Awards and Decorations) of his DA Form 20 does not contain an entry showing the Combat Infantryman Badge. 5. The applicant provided and his record contains: a. General Orders Number 195, dated 9 February 1967, issued by Headquarters, 173rd Airborne Brigade (Separate), showing the applicant received the Bronze Star Medal for meritorious service in connection with military operations against a hostile force. His dates of service were from 5 February 1966 to 2 February 1967. b. Special Orders Number 194 issued by the 173rd Airborne Brigade (Separate) announcing his promotion to specialist four/pay grade E-4 in MOS 11C (Infantry Fire Crewman) effective 14 July 1966. c. Special Orders Number 334 issued by the 173rd Airborne Brigade (Separate) announcing his promotion to sergeant/pay grade E-5 in MOS 11C. 6. On 22 August 1968 the applicant was honorably released from active duty. He had served in MOS 11C and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 3 years of total active service and 1 year of foreign service. His DD Form 214 shows he was awarded or authorized the: * Parachutist Badge * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * 2 overseas service bars * Bronze Star Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M14) 7. His military records are void of evidence showing he was recommended for the Combat Infantryman Badge or that orders were issued announcing the award of the badge. 8. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders awarding him the Combat Infantryman Badge. 9. The applicant provided the following evidence: a. A sworn statement from Mr. Louis M., who stated on 22 February 2016 that he served with the applicant in the same squad and platoon in Company A, 1st Battalion, (503rd Infantry), 173rd Airborne Brigade. He states he received the Combat Infantryman Badge while serving in the Republic of Vietnam with the applicant. He provides the applicant (and Board) with a copy of his DD Form 214 so the Board can verify his service. He asks that the Board accept his letter as verification and award the applicant the Combat Infantryman Badge. Mr. Louis M.’s DD Form 214 shows he served in the applicant's unit and received the Combat Infantryman Badge. He entered the service in July 1965 and was released in July 1967. He served in the Republic of Vietnam for 1 year; however, his exact dates of service in the Republic of Vietnam are not shown on his DD Form 214. b. A second sworn statement from Mr. James A.C. who stated on 24 February 2016 he served with the applicant during the Vietnam War from May 1966 to May 1967. He also served in the same unit. c. Photographs of himself in the Republic of Vietnam wearing the Combat Infantryman Badge. d. A list from Wikipedia titled "List of allied military operations of the Vietnam War (1966)" which shows during the applicant's period of service in a unit subordinate to the 173rd Airborne Brigade, the brigade participated in 22 named operations, normally performing search and destroy missions. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. To be awarded the Combat Infantryman Badge, the Soldier must meet three basic requirements: * be an infantryman satisfactorily performing infantry duties * be assigned to an infantry unit during such time as the unit is engaged in active ground combat * have been personally present and under fire; actively participate in ground combat At the time, announcement by special orders was required by the brigade commander, an officer in the rank of colonel or above. DISCUSSION: 1. The available service records do not confirm the applicant was awarded the Combat Infantryman Badge. No order is filed in his record nor did he provide a copy of an order awarding him this badge. 2. The applicant may have qualified for the Combat Infantryman Badge – * he held a qualifying MOS (11B) * he was assigned to a qualifying unit (1st Battalion, 503rd Infantry) * an internet source shows his unit, part of the 173rd Airborne Brigade, participated in 22 named operations during his service in the Republic of Vietnam (performing search and destroy missions) * his honorable discharge affirms his service was satisfactory * he received the Bronze Star Medal for service in a hostile geographic location * two sworn statements from battle buddies attest to his service in the Republic of Vietnam //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2