BOARD DATE: 27 June 2018 DOCKET NUMBER: AR20160018087 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: 27 June 2018 DOCKET NUMBER: AR20160018087 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: a. deleting the current Service Number (SN) listed on his DD Form 214 and replacing it with the SN listed on his Record of Induction, and b. adding the Bronze Star Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 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 award of the Combat Infantryman Badge. ____________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: 27 June 2018 DOCKET NUMBER: AR20160018087 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: a. award of the Combat Infantryman Badge and b. his service number (SN) as "  XXX XXX" instead of "  XXX XXX." 2. The applicant states he received a Bronze Star Medal for his actions in combat; therefore, he should rate a Combat Infantryman Badge. He further states he is nearing the end of his life and wants to make sure his records are correct. 3. The applicant provides: * DD Form 214 * General Orders Number 3136 * Bronze Star Medal certificate * Bronze Star Medal citation * Unit Orders Number 80 * Special Orders Number 55 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records mt be filed within 3 years after discovery of the alleged error or injtice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to exce 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 jtice 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 jtice to exce 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 15 April 1965. Item 2 (SN) of his DD Form 47 (Record of Induction) lists his SN as " XXX XXX." He completed training and he was awarded military occupational specialty (MOS) 13E (Field Artillery Operations and Intelligence Assistant). 3. Special Orders Number 70, published by the U.S. Army Recruiting Main Station CA (25302), Albuquerque, NM on 15 April 1965 lists his SN as " XXX XXX." 4. Special Orders Number 60, issued by Headquarters, 101st Airborne Division and Fort Campbell on 11 March 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. General Orders Number 3136 issued by Headquarters, 1st Infantry Division dated 11 May 1967, awarded him the Bronze Star Medal for meritorio achievement for the period 10 through 11 March 1967, while assigned to Headquarters, Headquarters and Service Battery, 3rd Battalion, 319th Artillery Regiment. 6. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 41 (Awards and Decorations) does not show award of the CIB. b. Item 31 (Foreign Service) shows he served in the Republic of Vietnam for the period 17 May 1966 to 6 April 1967. c. Item 38 (Record of Assignments) shows he served with Battery A, 3rd Battalion, 319th Artillery Regiment and Headquarters and Service Battery, 3rd Battalion, 319th Artillery Regiment during his service in the Republic of Vietnam. 7. On 6 April 1967, he was honorably released from active duty as an overseas returnee. He completed 1 year, 11 months, and 22 days of active service during this period. Item 2 (Service Number) of his DD Form 214 lists his SN as "  XXX XXX." His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 8. His military records are void of evidence that show he was recommended for award of the Combat Infantryman Badge. In addition, there are no available orders, which authorized or awarded him the Combat Infantryman Badge during his period of service. 9. 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, failed to reveal any Combat Infantryman Badge orders for him. 10. The applicant provides a copy of his Bronze Star Medal certificate and citation, which shows he received the Bronze Star Medal for the period 10 through 11 March 1967. The certificate states he received the medal for meritorio achievement in ground operations against hostile forces and the citation states he received it for meritorio service. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. The regulation in effect at the time of the applicant's separation stated the SN and SSN of the separating service member would be entered on the DD Form 214. 2. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier mt be an infantryman satisfactorily performing infantry duties, he mt be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he mt actively participate in such ground combat. DISCSION: 1. The applicant was inducted into the Army of the United States on 15 April 1965. Item 2 (SN) of his DD Form 47 lists his SN as " XXX XXX." His orders dated the same day further supports this SN. It is evident the applicant's SN is incorrectly listed on his DD Form 214. 2. General orders awarded him the Bronze Star Medal. This award is not listed on his DD Form 214. 3. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). This badge is not listed on his DD Form 214. 4. The applicant's claim of entitlement to the Combat Infantryman Badge was carefully considered. However, award of a Bronze Star Medal does not automatically entitle a Soldier to the Combat Infantryman Badge. In this case, there is no evidence of record that indicates he was ever recommended for or awarded the Combat Infantryman Badge during his active service. 5. By regulation, in order to qualify for award of the Combat Infantryman Badge there mt be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. The available evidence shows the applicant did not serve in an infantry MOS and he was assigned to an element other than a qualifying infantry unit when he was recognized for award of the Bronze Star Medal. 6. In addition, there is no official documentary evidence that conclively shows he was personally present with a qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018087 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018087 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2