ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 March 2020 DOCKET NUMBER: AR20190002269 APPLICANT REQUESTS: reconsideration of his previous request for the award of the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Self-authored letter, dated 12 January 2019 * DA Form 4980 (Bronze Star Medal Certificate), dated 8 June 1971 * DA Form 66 (Officer Qualification Record) * excerpt, Title 32, U.S. Code of Federal Regulations FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150008189 on 23 February 2016. 2. The applicant has provided new documentary evidence and new statements that were not previously considered by the Board that warrant consideration at this time. 3. The applicant states: a. His company clerk in Company C, 5th Battalion, 46th Infantry Regiment, 198th Brigade, 23rd infantry Division, advised he was instructed by his company commander to type out and submit him for award of the CIB award. The clerk gave him the paperwork to him so he could go to the Post Exchange to purchase the CIB patches for his uniforms. He purchased the patches and he still has them. The only way he could get the patches was with the authorized form. b. All of his company comrades before and after him received the award of the CIB. c. A Bronze Star Medal with First Oak Leaf Cluster was added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and sent to him but it also was not shown on his DA Form 66, which suggests some awards could have been awarded without being entered on his DA Form 66. d. He has met all requirements under Title 32, U.S. Code of Federal Regulations. He already has been given the CIB medal so there is no need to send him another medal. 4. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 for the period ending 16 June 1971. His DD Form 214 will be administratively corrected to show award of the Meritorious Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. Having prior enlisted service, the applicant was appointed a Reserve commissioned officer in the rank of second lieutenant on 9 September 1969. 6. Headquarters, The Candidate Brigade, U.S. Army Infantry School, Special Orders Number 157, dated 10 July 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 7. Headquarters, 23d Infantry Division, General Orders Number 04260, dated 13 April 1971, awarded him the Bronze Star Medal for the period 1 October 1970 to 31 March 1971. 8. Headquarters, 23d Infantry Division, General Orders Number 6364, dated 7 June 1971, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 1 July 1970 through 31 May 1971. 9. He provided a copy of his DA Form 4980, dated 8 June 1971, which also shows he was awarded the Bronze Star Medal with First Oak Leaf Cluster for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from 1 July 1970 to 31 May 1971. 10. He served in Vietnam from 20 November 1970 through 12 June 1971. 11. His DA Form 66 shows in: a. item 9 (Military Occupational Specialties) – his area of concentration (AOC) as 1542, Infantry Unit Commander. b. item 18 (Record of Assignments), in part: * AOC 1542, Executive Officer, Company C, 5th Battalion, 46th Infantry Regiment, 23d Infantry Division, from 22 December 1970 to 20 January 1971 * AOC 1542, Platoon Leader, Company C, 5th Battalion, 46th Infantry Regiment, 23d Infantry Division, from 21 January 1971 to 19 February 1971 * AOC 1542, Officer-in-Charge, General Subject Communications, 23d Administration Company, Combat Training Center, from 20 February 1971 to 7 June 1971 c. item 21 (Awards and Decorations): * National Defense Service Medal * Army Good Conduct Medal * Vietnam Service Medal * Bronze Star Medal * two overseas service bars 12. On 9 September 1971, he was honorably released from active duty. His DD Form 214 shows in: a. item 23 (Specialty Number and Title) – 1542, Infantry Unit Commander. b. 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 one oak leaf cluster (bronze service star) 13. On 29 June 2006, he was issued a DD Form 215 (Correction to DD Form 214) to show his award of the Bronze Star Medal. 14. On 23 February 2016 and in ABCMR Docket Number AR20150008189, the ABCMR denied the applicant's request for award of the CIB. The ABCMR determined there was insufficient evidence showing he was personally present and under hostile fire while performing infantry duties in an infantry unit while the unit was actively engaged in ground combat with the enemy and his records were void of orders or documentation showing he was awarded the CIB. 15. His records are void of orders showing he was awarded the CIB. 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 AOC, record of assignments and duty positions, the awards in his records to include a BSM for achievement and the absence of orders awarding him the CIB. The Board found that the applicant’s specialty, units of assignment and achievements were sufficient to show him eligible for a CIB. Based on a preponderance of evidence, the Board found a correction to the applicant’s record was appropriate. The Board concurred 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 :XXX :XXX :XXX 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, in addition to the corrections stated in the Administrative Note(s) that follow, the Board recommends that all Department of the Army records of the individual concerned be corrected by: - Awarding him the Combat Infantry Badge, and; - Adding “CIB” to item 24 of the DD form 214 for the period ending 16 June 1971. 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 show he was awarded or authorized the following awards not shows on his DD Form 214 for the period ending 16 June 1971: * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) REFERENCES: 1. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB during the Vietnam era. Appendix V stated the CIB was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). It further provided for award of the CIB for armor officers serving in Infantry AOC 1542 (Infantry Unit Commander) detailed to and satisfactorily serving in an infantry unit of brigade, regimental or smaller size during any period such unit was engaged in military operations against a hostile foreign force. 2. Department of the Army General Orders Number 8, dated 19 March 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 3. Army Regulation 600-8-22 (Military Awards), Appendix B, shows the 23d Administration Company was awarded the Meritorious Unit Award for the period 1 February 1971 through 27 November 1971 by Department of the Army General Orders Number 32, dated 1973. ABCMR Record of Proceedings (cont) AR20190002269 6 1