ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 26 September 2019 DOCKET NUMBER: AR20190000057 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 16 November 2018 * Self-authored letter, dated 15 October 2018 * Self-authored letter from M____, dated 18 November 2014 * Troop D, 2nd Brigade, 17th Cavalry Unit History * U.S. Army Human Resources Command (HRC) letter, dated 1 November 2016 * HRC Permanent Order 306-05, dated 1 November 2016 * U.S. Army Tank-automotive and Armaments Command (TACOM) Life Cycle Management Command, Clothing and Heraldry, award request, dated 2 November 2016 * Department of Veterans Affairs (VA) Northeast Region 1A, Readjustment Counseling Service, Treatment Summary, dated 17 November 2016 * P____ Statement, dated 18 August 2017 * nine photographs * four Western Union Telegrams * VA Identification Card and File Number Identification Card * DA Form 20 (Enlisted Qualification Record) * DD Form 214 * DD Form 215 (Correction to DD Form 214) 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 (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: a. He was awarded the CIB; however, he was medically evacuated out of Vietnam due to his injury and the paperwork was not completed. He did not realize the CIB was not listed on his DD Form 214 until he started dealing with the VA in 2014. As he gets older, he realizes the importance of such a badge and how much it really means to him. b. He arrived in Vietnam on 15 June 1969 and he was assigned to the 101st Airborne, D Troop, 2d Squadron (Air Mobile), 1st Platoon, 17th Cavalry. While in Vietnam, several incidents of death and destruction occurred that left him with haunting memories today. His experience and memories of Vietnam are not good and it is difficult to forget all the death, hurts, and disgusting things that went on. He still cries from time to time. c. On 19 March 1970, he was burned while his platoon was out doing a perimeter sweep and destroying old ordinances. During the destruction of these ordinances, white phosphorous landed on his hands and the right side of his face. He was immediately evacuated to a hospital in DaNang and on to a hospital in Japan. His father passed away on the same date. d. He never returned to Vietnam; however, he saw plenty of action and he was in several fire fights with the enemy. He was at Hill 916 in July 1969 when the first platoon exchanged fire with the enemy for hours. e. The information on the unit history he provided is out of the 1969-1971 D Troop, 17th Cavalry Regiment year book. f. He believes he should receive compensation due to his exposure to Agent Orange while at Camp Eagle, Vietnam. There was no vegetation and the location was a complete dust bowl. He has been treated by a dermatologist over many years for sores on his face, head, and shoulders. He has some fatty non-cancerous tumors, one of which was removed from his back and one still remains on his right shoulder. In January 2014, he had Mohs surgery to remove a basil cell carcinoma from below his left eye. g. He also suffers from severe hearing loss which he contributes to his military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman) working on heavy anti-armor weapon such as the 106 millimeter recoilless rifle. He was exposed to firings without protection in both advanced individual training and in Vietnam. h. He has his CIB and keeps it in a display case. 3. The applicant was inducted into the Army of the United States on 13 January 1969. 4. He served in Vietnam during the period 15 June 1969 through 31 March 1970 and he participated in two campaigns. While in Vietnam, he was assigned to the following units while serving in primary MOS 11H: * Headquarters and Headquarters Troop, 2d Squadron, 17th Cavalry Regiment, 101st Airborne Division (Airmobile), from 2 July 1969 to 22 July 1969 * D Troop, 2d Squadron, 17th Cavalry Regiment, 101st Airborne Division (Airmobile), from 23 July 1969 to 22 March 1970 5. His DA Form 8-275-3 (Clinical Cover Sheet), dated 23 March 1970, shows that he was burned while destroying dud mortar rounds on 19 March 1970 at Camp Eagle, Vietnam. He incurred second and third degree burns to right side of his face and both hands. 6. On 12 January 1971, he was honorably released from active duty. He completed 2 years of total active service and he had 9 months of foreign and/or sea service. His DD Form 214 shows in item 23a (Specialty Number and Title), his MOS as 11H20, Infantry Direct Fire Crewman. 7. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the CIB. 8. He provided copies of: a. a unit history of Troop D, 2d Platoon, 17th Cavalry Regiment, that shows the unit's participation in combat, b. photographs of various troops and included a photograph he identified as 1st Platoon receiving the CIB, c. Western Union Telegrams advising his family of his injury and hospitalization while in Vietnam, d. a letter from his wife, dated 18 November 2014, in which she stated, in part, the applicant was burned by white phosphorous on 19 March 1970 on his face and hands, taken to DaNang Army Hospital and evacuated from Vietnam. e. a letter from the Awards and Decorations Branch, HRC, dated 1 November 2016, that shows, in part, he was advised this office could not verify his entitlement to the CIB based on the documents provided at the time; he was provided an information sheet on basic information required for retroactive award of the CIB or Combat Medical Badge and advised to submit this information, f. his VA identification card, file number identification, and treatment summary, dated 17 November 2016, that shows he was undergoing treatment for post-traumatic stress disorder due to his service in Vietnam, and g. a statement from L____, dated 18 August 2017, in which he stated, in part, he served with the applicant while in Vietnam; the applicant was one of the Soldiers that received and returned fire; and the applicant's name was omitted from a roster awarding the CIB to members of their unit. 9. His records are void of orders awarding him the CIB. BOARD DISCUSSION: 1. The Board agreed that the incident in which the applicant was burned is not a basis for award of the CIB because as the incident did not involve active ground combat with the enemy. 2. The Board further agreed that the available records did not provide sufficient evidence of his participation in active ground combat to support awarding him the CIB. 3. The Board did note that the applicant should submit a request for reconsideration if he is able to obtain additional eyewitness statements attesting to his participation in active ground combat or additional military records showing he participated in active ground combat. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX DENY APPLICATION 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. 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. ? 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 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) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. Additionally, Appendix V states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000057 5 1