BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160016333 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 2018 DOCKET NUMBER: AR20160016333 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________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 2018 DOCKET NUMBER: AR20160016333 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 the Combat Infantryman Badge and issuance of a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. The applicant states he earned the Combat Infantryman Badge in the Republic of Vietnam, but it is not shown on his DD Form 214. He served in the U.S. Army in Company A, 1st Battalion, 12th Infantry Regiment, 1st Calvary Division in the Republic of Vietnam during the years 1966, 1967 and 1968. 3. The applicant provides his DD Form 214 and multiple photographs taken during his period of service in the Republic of Vietnam. 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. On 13 September 1966, the applicant was inducted into the Army of the United States. He trained as an infantryman and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman). He served in the Republic of Vietnam from 23 February 1967 to 20 February 1968. 3. During his tour in the Republic of Vietnam he was assigned to the following units: * Company A, 1st Battalion 12th Calvary Regiment from 2 March to 2 December 1967 in duty MOS 11B * Headquarters and Headquarters Company, 1st Calvary Division from 3 December to 20 February 1968 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows among his awards the Combat Infantryman Badge. The authority noted on this form is Army Regulation 672-5 (Military Awards). There is no order number noted on this form nor is there a copy of the Combat Infantryman Badge order announcing the award in his military personnel record. 5. On 15 July 1968, the applicant was honorably released from active duty. He was issued a DD Form 214 showing, in pertinent part: a. item 22c (Foreign and/or Sea Service) – United States Army – Pacific 11 months and 28 days; b. item 23a (Specialty Number and Title) – MOS 11C, Infantryman Indirect Fire Crewman and c. item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) does not include the Combat Infantryman Badge. However, he did receive service ribbons for his service in the Republic of Vietnam. 6. As evidence to support his application, the applicant provided four photographs showing Army Soldiers holding their rifles, two jointly holding a machine gun, one solo Soldier holding his rifle and a Soldier with two Vietnamese personnel. The Soldier is behind the Vietnamese personnel with his rifle raised apparently guarding them. It appears they are located in a farmer's field due to the rows of vegetation. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides the following policy guidance concerning awards, decorations, service medals and badges. a. There are basically three requirements for award of the Combat Infantryman Badge. 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. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Military Awards) states 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. b. Awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in Department of the Army general orders. Awards of decorations, Army Good Conduct Medal and badges will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria. During the Vietnam era special orders were issued by battalion or regimental commanders who had the authority to award the Combat Infantryman Badge. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents) in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. For item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service. Check the Soldier's records for validity of awards. DISCUSSION: 1. The applicant was an infantryman in an infantry unit serving in the Republic of Vietnam during a period when the Combat Infantryman Badge could have been awarded to Soldiers provided they met the criteria. Upon review, the applicant does meet the first and second criteria for this badge. 2. His DA Form 20 notes the authority for the Combat Infantryman Badge is Army Regulation 672-5, the regulation in effect at the time. Award of the Combat Infantryman Badge is made through publication of orders: there were no orders found in his record. The notation of the regulation on this form is an insufficient basis to now publish orders. 3. He offers as evidence photographs of Soldiers holding rifles, a machine gun and a Soldier apparently guarding two Vietnamese personnel. Within these pictures there is no evidence showing the applicant was actively engaged with enemy forces. The act of guarding does not necessarily meet the intent of the regulation and its criteria for awarding the Combat Infantryman Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016333 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016333 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2