ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 July 2019 DOCKET NUMBER: AR20170017494 APPLICANT REQUESTS: award of the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 11 October 2017 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 although his military occupational specialty (MOS) was 13A10 (Field Artillery), he spent almost his entire tour in Vietnam as a radioman in an infantry company. 3. On 10 December 1968, he was inducted into the Army of the United States. He completed training and he was awarded MOS 13A. 4. He served in Vietnam during the period 26 May 1969 through 24 April 1970 and he participated in three campaigns. While in Vietnam, he assigned as follows: • 3 June 1969 to 30 July, MOS 13A (Cannoneer), Battery A, 1st Brigade, 5th Artillery, 1st Infantry Division • 31 July 1969 to 30 August 1969, MOS 13E (Reconnaissance Sergeant), Battery A, 1st Brigade, 5th Artillery, 1st Infantry Division • 31 August 1969 to 16 February 1970, MOS 13A (Radio Telephone Operator), Battery A, 1st Battalion, 5th Artillery, 1st Infantry Brigade • 17 February 1970 to 11 March 1970, MOS 13A (Cannoneer), Battery A, 8th Battalion, 6th Artillery, 1st Infantry Division • 12 March 1970 to 23 April 1970, 13A (Heavy Truck Driver), Battery A, 8th Battalion, 4th Artillery, 1st Infantry Division 5. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments), he received "excellent" conduct and efficiency ratings and b. item 41 (Award and Decorations), he was awarded or authorized the: • National Defense Service Medal • Vietnam Service Medal • Army Commendation Medal with First Oak Leaf Cluster (2nd Award) • Republic of Vietnam Campaign Medal with Device (1960) • Air Medal • two overseas service bars • Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M- 16) 6. On 9 December 1970, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the: • National Defense Service Medal • Army Commendation Medal • Vietnam Service Medal • Air Medal 7. His records are void of any evidence that he was recommended for or awarded the Combat Infantry Badge. 8. His record is void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. 9. His records will be administratively corrected to show award of the: • Army Commendation Medal (2nd Award) • Vietnam Service Medal with three bronze service stars • Republic of Vietnam Campaign Medal with Device (1960) • Republic of Vietnam Gallantry Cross with Palm Unit Citation • Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation • Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, MOS and assignments, the criteria for award of the Combat Infantryman Badge and the awards reflected on his DD Form 214. The Board found that while he was assigned to an Infantry unit, he did not hold an infantry MOS and was not performing duties as an infantryman. Based on a preponderance of evidence, the Board determined that the absence of a CIB in the applicant’s record was not in error or unjust. The Board concurs with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board determined that relief was not waranted.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: With the exception of the corrections stated in the Administrative Note(s) that follow, 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. 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): Correct the applicant's DD Form 214 to show award of the: • Army Commendation Medal (2nd Award) • Vietnam Service Medal with three bronze service stars • Republic of Vietnam Campaign Medal with Device (1960) • Republic of Vietnam Gallantry Cross with Palm Unit Citation • Republic of Vietnam Civil Action Honor Medal First Class Unit Citation • Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) REFERENCES: 1. Title 10, U.S. Code, 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 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 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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 (Decorations and Awards) states the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H during the Vietnam era. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows 1st Battalion, 5th Artillery was awarded the: • Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 September 1969 to 15 February 1970 by Department of the Army General Order (DAGO) Number 2, dated 1971 • Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 3, dated 1970 ABCMR Record of Proceedings (cont) AR20170017494 ABCMR Record of Proceedings (cont) AR20170017494 1 4 1