ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 October 2020 DOCKET NUMBER: AR20190007517 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 27 May 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, US. 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 he served with A Company, 2nd Battalion, 35th Infantry, 3rd Brigade, 25th Infantry Division. The largest fight he was engaged in is listed in the book "Order of Battle," written by Captain S, with references about him. He was assigned military occupational specialty (MOS) 11C (Indirect Fire Infantryman). He was awarded the Combat Infantryman Badge within two to three weeks in country. 3. The applicant was inducted into the Army of the United States on 15 March 1966. 4. He completed training and he was awarded MOS 11C on 6 June 1966. 5. He served in Vietnam during the period 26 September 1966 to 20 September 1967 and he participated in two campaigns. 6. While in Vietnam, he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 35th Infantry, from 15 September 1966 to 19 September 1967 with duty MOS 11H (Infantry Direct Fire Crewman). 7. His unit of assignment (HHC, 2nd Battalion, 35th Infantry) was awarded the Valorous Unit Award (Department of the Army General Orders (DAGO) Number 43, dated 1972), Republic of Vietnam Gallantry Cross with Palm Unit Citation (DAGO Number 48, dated 1971), and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (DAGO Number 53, dated 1970). 8. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings and b. item 41 (Awards and Decoration), he was awarded or authorized: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Basic Parachutist Badge * Vietnam Service Medal * National Defense Service Medal * Republic of Vietnam Campaign Medal * two overseas service bars 9. On 14 March 1968, he was honorably released from active duty. His DD Form 214 shows in item 23 (Specialty Number and Title), his MOS as 11H (Infantry Direct Fire Crewman) and in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * National Defense Service Medal * Basic Parachutist Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Campaign Medal * Vietnam Service Medal 10. His records are void of any evidence he was recommended for or awarded the Combat Infantryman Badge. 11. His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the first award of the Army Good Conduct Medal for his period of honorable service from 22 March 1966 through 14 March 1968. Additionally, his DA Form 20 shows he received excellent conduct and efficiency ratings throughout his military service. BOARD DISCUSSION: 1. The Board found that, in the absence of orders awarding the applicant the Combat Infantryman Badge, the available evidence is sufficient to confirm that he met the criteria for the badge. He was an infantryman serving in an infantry unit in Vietnam that was awarded the Valorous Unit Award, which confirms the unit participated in active ground combat. The Board concluded that the applicant would have participated in the actions that led to the unit award, thereby meeting the criteria for the badge. Based on a preponderance of evidence, the Board determined the applicant's DD Form 214 should be corrected by adding the Combat Infantryman Badge. 2. The Board further found that the applicant met the criteria for the Army Good Conduct Medal (1st Award). The Board determined the applicant should be awarded this medal and it should be added to his DD Form 214. 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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: * Awarding him the Combat Infantryman Badge effective 22 April 1967 * Awarding him the Army Good Conduct Medal (1st Award) for the period 15 March 1966 through 14 March 1968 * Adding to his DD Form 214 the Combat Infantryman Badge, Army Good Conduct Medal (1st Award), and the items addressed in Administrative Note(s) below 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 eligible for awards not listed on his DD Form 214. As a result, amend his DD Form 214 by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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) provides that 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 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. 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 3years 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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190007517 4 1