BOARD DATE: 16 August 2018 DOCKET NUMBER: AR20170000907 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: 16 August 2018 DOCKET NUMBER: AR20170000907 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: 16 August 2018 DOCKET NUMBER: AR20170000907 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 the Combat Infantryman Badge was omitted in error. 3. The applicant provides – * his DD Form 214 * personal letter * three memorials from The Vietnam Veterans Memorial – The Wall, United States of America 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 5 July 1966, the applicant was inducted into the Army of the United States. He was awarded military occupational specialty (MOS) 11B. He served in the Republic of Vietnam from 17 December 1966 to 11 December 1967. 3. During his tour in the Republic of Vietnam he was assigned to the following units: * Company C, 2nd Battalion, 1st Infantry, 196th Light Infantry Brigade from 31 December 1966 to 14 June 1967 in duty MOS 11B * Headquarters and Headquarters Company, 196th Light Infantry Brigade from 15 June 1967 to 10 December 1967 in duty MOS 11B 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Combat Infantryman Badge. There is no order announcing award of the Combat Infantryman Badge in his military personnel record. 5. On 3 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 – Vietnam 11 months and 24 days; b. item 23a (Specialty Number and Title) – MOS 11B, Infantryman 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 he provides an undated letter to the Board wherein he states he served with Company C, 2nd Battalion, 1st Infantry, 196th Light Infantry Brigade based at Tay Ninh, South Vietnam. As an infantryman he participated in two major operations: Cedar Falls and Junction City. He also participated in many smaller search and destroy missions. He was under fire and mortar attacks from enemy forces many times and was in the proximity of three Soldiers who were killed in action by multiple fragment wounds. The dates of death for the former Soldiers noted on the memorials were 8 January and 4 February 1967, respectively. The locations of death were Tay Hihn and Hua Nghia, South Vietnam. He relocated to various parts of Vietnam based on mission requirements. To him the Combat Infantryman Badge is a badge of honor that he earned, and it troubles him that he cannot officially display it. He concludes by stating, "One should not be denied what has been earned in such dire conditions." 7. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973, failed to reveal any orders for award of the Combat Infantryman Badge pertaining to the Applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides the following policy guidance concerning awards, decorations, service medals and badges. 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. 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 24 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. He offers as evidence a personal letter and three memorials from The Vietnam Veterans Memorial – The Wall showing the three Soldier were killed in action at Tay Nihn and Hau Nghia, South Vietnam on 8 January and 4 February 1967. Within his letter he states he was at Tay Nihn and remembers the combat action that resulted in the deaths of his fellow Soldiers. Based on his personal statement and dates of death of his fellow Soldiers, he attempts to show he was present and engaged with enemy forces in South Vietnam on 8 January and 4 February 1967. Based on his evidence he states, in effect, he meets the third criteria for award of the Combat Infantryman Badge. 3. There is no collaborating evidence in his record to support his contentions. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000907 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000907 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2