IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018130 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 IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018130 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 17 November 1967, and b. adding to his DD Form 214: * Bronze Star Medal with "V" Device * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm 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. IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018130 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 add the Bronze Star Medal, Combat Infantryman Badge and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 2. The applicant states he was awarded the decorations based on his active duty tour in the Republic of Vietnam. 3. The applicant provides a copy of his DD Form 214 and a newspaper clipping. 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 8 March 1967. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman. 3. General Orders Number 302 issued by Headquarters, 4th Infantry Division on 11 January 1968, awarded him the Bronze Star Medal with "V" Device for heroism on 17 November 1967. 4. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Items 31 (Foreign Service) and 38 (Record of Assignments) show he served in the Republic of Vietnam from 14 August to 14 December 1967 and he was assigned to Company A, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division, from 28 August to 21 November 1967. b. Item 41 (Awards and Decorations) does not list the Combat Infantryman Badge. 5. On 13 March 1969, he was honorably released from active duty. His DD Form 214 lists the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart * Expert Marksmanship Qualification Badge with Rifle Bar (M-60) 6. His military personnel record is void of documentation reflecting a recommendation for or orders authorizing award of the Combat Infantryman Badge. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states 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 (Awards and Decorations) stated 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. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. The applicant was assigned to Company A, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division, during a period for which the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971, by Department of the Army General Order Number 54, dated 1974. DISCUSSION: 1. General orders awarded him the Bronze Star Medal with "V" Device for heroism on 17 November 1967. 2. There are 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. The evidence shows the applicant held and served in an infantry MOS and that he was assigned to an infantry unit in the Republic of Vietnam. The evidence further shows he and his unit engaged with the enemy in combat operations during the period he was assigned to the unit, as shown by his award of the Bronze Star Medal with "V" Device and Purple Heart. 3. Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment, which was omitted from his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018130 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018130 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2