ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 September 2019 DOCKET NUMBER: AR20190000942 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. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 29 November 2018 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 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: a. The omission may have been an oversight. b. He was attached to and served with the 2nd Battalion, 39th Infantry Regiment, 9th Infantry Division, which operated out of Camp Bearcat from late 1966 to mid-1967. c. He was then transferred and attached to 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division, which operated out of Dong Tam from mid-1967 until late 1967. d. His units received enemy fire on many occasions which should entitle him to the Combat Infantryman Badge. 3. The applicant was inducted into the Army of the United States on 25 March 1966. 4. He served in Vietnam during the period 13 December 1966 to on or about 16 December 1967. While in Vietnam, he participated two campaigns. He held the following duty military occupational specialty (MOS) while assigned to: * MOS 11B (Light Weapons Infantryman) – Company A, 2nd Battalion, 39th Infantry Regiment, 9th Infantry Division, from 12 December 1966 to 3 September 1967 * MOS 11B – Company B, 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division, from 4 September 1967 to 17 December 1967 5. On 22 March 1968, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the: * Vietnam Service Medal with one bronze service star * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board concluded that the available records do not confirm that the applicant participated in active ground combat during his service in Vietnam. Evidence of a Soldier's participation in active ground combat is required for award of the Combat Infantryman Badge. The Board found no evidence in the records and the applicant provided no additional documentation such as witness statements attesting to his participation in active ground combat or unit records. Based on a preponderance of evidence, the Board determined there was no error or injustice necessitating a correction to the applicant's records to add a CIB. The Board concurred with the corrections stated in the Administrative Note(s) below. 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) below, 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. X CHAIRPERSON 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): 1. The applicant served a qualifying period of service in the Republic of Vietnam for award of the following and/or he was assigned to a unit which received the following unit award(s): * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Medal First Class Unit Citation (2nd Award) 2. Award the applicant the Army Good Conduct Medal (1st Award) for his service from 25 March 1966 to 22 March 1968. 3. Correct his DD Form 214 to show the above awards. 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: 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 Vietnam Regulation 672-1 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. b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 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. 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. This pamphlet shows: a. 2nd Battalion, 39th Infantry Regiment was awarded the Meritorious Unit Commendation by Department of the Army General Order (DAGO) Number 5, dated 1969, for the period 1 January 1967 to 15 February 1968 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971, for the period 12 December 1966 to 31 August 1970. b. 3rd Battalion, 47th Infantry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 31, dated 1969, for the period 1 December 1966 to 30 June 1968 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order Number 59, dated 1969, for the period 19 December 1966 to 28 June 1969. c. Not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. This precludes wear of the Vietnamese Fourragere which represents additional unit awards of the Republic of Vietnam Gallantry Cross. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. In those instances, however, where a single unit received duplicate Vietnamese unit awards during the same period only one will be recorded in official military personnel and historical records. Only one appurtenance will be worn on each badge.