ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  31 October 2019

	DOCKET NUMBER:  AR20190000793


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in:

	a.  item 22c (Foreign and/or Sea Service) – his correct length of time served in Vietnam and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – 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 December 2018
* 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's contention surrounding his foreign service in Vietnam has already been corrected.  This issue will not be discussed further in these Record of Proceedings.

3.  The Board will consider the applicant's request for award of the Combat Infantryman Badge.

4.  The applicant states:

	a.  His military occupational specialty (MOS) was 11B20 (Light Weapons Infantryman) and he is entitled to the Combat Infantryman Badge.  

	b.  He was in Vietnam and he was injured shortly after arriving. 

	c.  He was in Vietnam for approximately 30 days.

5.  The applicant was inducted into the Army of the United States on 19 March 1969. 

6.  Headquarters, 3d Advanced Individual Training Brigade, Special Orders Number 126, dated 2 July 1969, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

7.  Headquarters, Fort Carson and Headquarters, 5th Infantry Division (Mechanized), Special Orders Number 253, dated 10 September 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), in part – he arrived in Vietnam on 22 October 1969,

	b.  item 38 (Record of Assignment), in part – 

		(1)  he was assigned as a rifleman to Company B, 1st Battalion, 61st Infantry Regiment, 1st Brigade, 5th Infantry Division (Mechanized), on 4 November 1969 and

		(2)  he was listed as a patient on 6 December 1969 and assigned to the Medical Hold Company, 249th General Hospital. 

9.  On 26 February 1971, he was honorably released from active duty.  His DD Form 214 shows in:

	a.  item 22c – he completed 1 year of foreign service in the U.S. Army-Pacific (Vietnam),

	b.  item 23a (Specialty Number and Title) – 11B20, Light Weapons Infantryman,

	c.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – 

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service stars
* Purple Heart

10.  On 16 June 1975, he was issued a DD Form 215 (Correction to DD Form 214) which corrected his DD Form 214 to show his service in Vietnam from 22 October 1969 to 12 December 1969 and to show in item 22c, he had 1 month and 22 days of foreign service. 
11.  His records are void of orders awarding him the Combat Infantryman Badge.

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 to include service in Vietnam, his MOS, duty assignments and Purple Heart, and his separation documents.  The Board found that his foreign service was previously corrected.  The Board determined, based on a preponderance of evidence, that the applicant was entitled to the Combat Infantryman Badge.  The Board concurs with the corrections stated in the Administrative Note(s) below.  

2.  After reviewing the application and all supporting documents, the Board found that relief was warranted.

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:

In addition to the corrections stated in the Administrative Note(s) that follow, 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 his DD form 214 for the period of  service ending 26 February 1971 to also reflect in item 24 (Decorations, Medals, Badges, Commendations, Citations...) – “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):  The applicant was awarded or authorized the following decorations and badges which are not listed on his DD Form 214:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Rifle Bar (M-16)


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, in effect at the time, stated 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.

3.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge during the Vietnam era.  Appendix V stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

4.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to February 1986.  It assists commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service up to February 1986.  This pamphlet shows the 5th Infantry Division was awarded the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Orders (DAGO) Number 5, dated 1973, and the 

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970 by DAGO Number 9, dated 1979, which also amended DAGO Number 51, dated 1971.

//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	 AR20190000793
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