ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 April 2019 DOCKET NUMBER: AR20190001125 APPLICANT REQUESTS: the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Purple Heart orders/certificate * Combat Infantryman Badge criteria 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 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 was inducted into the Army of the United States on 19 February 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 22 (Military Occupational Specialties - MOSs) - he was awarded primary military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 28 June 1968 * Item 31 (Foreign Service) - he served in Vietnam from 24 February to 7 April 1969 * Item 38 (Record of Assignments) - he served in duty MOS 11B4P as a Team Leader with Company B, 1st Battalion, 503rd Infantry, 173rd Airborne Brigade, in Vietnam * Item 41 (Awards and Decorations) - no entry for the Combat Infantryman Badge 4. On 4 April 1969, Headquarters, 67th Evacuation Hospital published General Orders Number 75 awarding him the Purple Heart for wounds received in action on 13 March 1969. 5. On 18 February 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 does not show the Combat Infantryman Badge. 6. On 17 November 2008, a DD Form 215 (Correction of DD Form 214) was issued to amend his DD Form 214 for the period ending 18 February 1970 by adding the Purple Heart. 7. Army Regulation 600-8-22 (Military Awards) requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy for award of the Combat Infantryman Badge. His service record is void of orders awarding him the Combat Infantryman Badge. He served as an infantryman in an infantry unit during his assignment in Vietnam. Also, he sustained a wound as a result of hostile action, which indicates he engaged in active ground combat. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant was an Infantry Soldier who received the Purple Heart for being wounded by enemy forces on 13 March 1969. Based upon the preponderance of evidence, the Board agreed he was performing his infantry duties when engaging the enemy and is authorized the CIB. 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 for engaging the enemy on 13 March 1969, and adding the award to his DD Form 214. 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 records shows he is authorized additional awards not listed on his DD Form 214. As a result, amend the DD Form 214 with an effective date of 18 February 1970 by adding the: * Vietnam Service Medal with one bronze service star * Army Good Conduct Medal - HQ, U.S. Army Training Center Engineer and Fort Leonard Wood, General Orders Number 20, 6 February 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 Army Board for Correction of Military Records (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 states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Additionally, Appendix V of U.S. Army Vietnam (USARV) 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190001125 2 1