ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 

	BOARD DATE:  31 May 2019

	DOCKET NUMBER:  AR20170009429


APPLICANT REQUESTS:  

*	correction of his DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) to show the Air Medal
*	correction to his DD Form 214 to show his unit designation as B Company, 1st 
Battalion, 46th Infantry, U.S. Army Vietnam (USARV)
*	award of the Combat Infantryman Badge (CIB)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Congressional Correspondence

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states that he believes his Form DD Form 214 was hastily prepared.  
He states the paperwork from his service in Vietnam was incomplete when he left, and 
because he got out early, the records were not complete when the Army printed his 
discharge paperwork.

3.  The applicant provides correspondence between the Honorable JF and the Army 
Review Boards Agency about the applicant’s request. 

4.  A review of the applicant’s service records shows:

	a.  He was inducted into the Army of the United States on 2 March 1971.  He 
completed training and was awarded military occupational specialty 11B (Light 
Weapons Infantryman).

	b.  He served in Vietnam from 1 August 1971 to 11 April 1972.  He was assigned to 
B Company, 1st Battalion, 46th Infantry, U.S. Army Vietnam (USARV).

	c.  General Orders Number 01842, issued by Headquarters, 196th Infantry Brigade, 
on 23 April 1972 awarded the applicant the Air Medal.  His unit of assignment is shown 
as B Company, 1st Battalion, 46th Infantry.

	d.  There are no orders in his service record showing award of the CIB.  Likewise, 
his DA Form 20 (Enlisted Qualification Record) does not list the CIB as an authorized 
award in item 41 (Awards and Decorations).  

	e.  He was honorably released from active duty on 18 April 1972.  His DD Form 214 
shows he completed 1 year, 1 month, and 17 days of active service. 

*	Item 12 (Last Duty Assignment and major Command) shows “B Company, 1st 
Battalion, 40th Infantry, USARV”
*	Item 24 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) shows he was awarded or 
authorized:

*	National Defense Service Medal
*	Vietnam Service Medal
*	Vietnam Campaign Medal with “1960” device

6.  By regulation, to be awarded the Combat Infantryman Badge, a Soldier must meet 
three requirements:  1) be an infantryman satisfactorily performing infantry duties; 2) be 
assigned to an infantry unit during such time as the unit is engaged in active ground 
combat; and 3) actively participate in such ground combat.

7.  By regulation (AR 635-5), item 12 of the DD Form 214 shows the last unit of 
assignment and major command. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
partial relief was warranted.  Based upon the documentary evidence submitted by the 
applicant and found within the military service record, the Board found sufficient 
evidence to show that the applicant was awarded an Air Medal by General Order 
01842, issued by Headquarters, 196th Infantry Brigade, on 23 April 1972, that is not 
currently depicted on his DD Form 214.  



Additionally, based upon the available documentary evidence, the Board found that the 
applicant’s unit designation was incorrectly depicted on the DD Form 214 and 
recommended changing that to more accurately depict the military service of the 
applicant.

However, the Board found insufficient evidence to show that the applicant was ever 
awarded or was eligible to be awarded the CIB based upon the fact that there is no 
evidence that he participated in combat operations against an armed enemy.  For that 
reason, the Board recommended denying that portion of the applicant’s request.


BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




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 amending 
the applicant’s DD Form 214 to reflect:
*	Item 12, delete “B Company, 1st Battalion, 40th Infantry, USARV” and add         
“B Company, 1st Battalion, 46th Infantry, USARV”
*	Item 24, add the Air Medal for service in Vietnam from 16 August 1971 to 21 
March 1972

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 awarding and adding the Combat Infantryman Badge.
	  
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.


ADMINISTRATIVE NOTE(S):

A review of the applicant’s service records shows he is authorized administrative 
corrections to the DD Form 214 ending on 18 April 1972.  As a result, amend his DD 
Form 214 as follows:

*	Item 12, delete “B Company, 1st Battalion, 40th Infantry, USARV” and add         
“B Company, 1st Battalion, 46th Infantry, USARV”
*	Item 24, add the Air Medal 




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 672-5-1 (Awards), in effect at the time, provides Army policy, 
criteria, and administrative instructions concerning individual military decorations.  It 
states for award of the Combat Infantryman Badge, a Soldier must meet the following 
three requirements:

*	be an infantryman satisfactorily performing infantry duties
*	assigned to an infantry unit during such time as the unit is engaged in active 
ground combat
*	actively participate in such ground combat

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, established 
the standardized policy for preparing and distributing the DD Form 214.  The DD Form 
214 is a summary of a Soldier's most recent period of continuous active duty and will be 
prepared for all personnel at the time of retirement, discharge, or release from active 
duty.  Chapter 2 stated for item 12 enter the last unit of assignment and major 
theater/command.


ABCMR Record of Proceedings (cont)	 AR20170009429

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