ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 August 2019 DOCKET NUMBER: AR20190003015 APPLICANT REQUESTS: award of the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application For Correction of Military Record), dated 1 November 2018 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, US. 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. He served in combat in Vietnam from 12 January 1971 to 24 December 1971. b. He was assigned military occupational specialty (MOS) 11B (Infantryman). c. He received the Purple Heart for injuries he incurred in combat. 3. The applicant was inducted into the Army of the United States on 6 August 1970. 4. He completed training and he was awarded MOS 11B on 11 December 1970. 5. He served in Vietnam during the period 12 January 1971 to 24 December 1971 and he participated in two campaigns. While in Vietnam, he was assigned to: * A Troop, 1st Squadron, 1st Cavalry Regiment, 23d Infantry Division, from 28 January 1971 to 16 November 1971 with duty MOS 63F (Senior Recovery Vehicle Operator) * Company A, 2nd Battalion (Airmobile), 502nd Infantry Division, from 17 November 1971 to on or about 24 December 1971 with duty MOS 11B (Rifleman) 6. Headquarters, 23d Infantry Division, General Orders Number 6464, dated 9 June 1971, awarded him the Purple Heart for wounds received on 30 May 1971 in connection with military operations against a hostile force while assigned to A Troop, 1st Squadron, 1st Cavalry Regiment, 23d Infantry Division, and while serving in MOS 11B. 7. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings and b. item 41 (Awards and Decoration), he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Army Commendation Medal * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 8. On 23 February 1972, he was honorably released from active duty. His DD Form 214 shows in item 23 (Specialty Number and Title), his MOS as 11B20 (Light Weapons Infantryman) and in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * Vietnam Service Medal with two bronze service stars * National Defense Service Medal * Republic of Vietnam Campaign Medal * Army Commendation Medal * Purple Heart * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 9. His records are void of any evidence he was recommended for or awarded the Combat Infantryman Badge. 10. His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the first award of the Army Good Conduct Medal for his period of honorable service from 6 August 1970 to 23 February 1972. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting document and evidence in the records. The Board considered the applicant’s statement, his record of service to include service in Vietnam, his MOS, his unit of assignment, Purple Heart orders and the awards reflected on his DD Form 214. The Board found, based on the evidence in the records, that the applicant met the criteria for award of the Combat Infantryman Badge. The Board concurs with the corrections noted in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board determined 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: 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 Notes that follow, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD form 214 for the period of service ending on 23 February 1972 by adding to item 24 (Decorations, Medals, Badges, Commendations…..) - “CIB.” 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 unit to which he was assigned, A Troop, 1st Squadron, 1st Cavalry Regiment, 23d Infantry Division, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award is not shown on his DD Form 214. His DD Form 214 should be corrected to show this unit award. The applicant’s record showed all excellent ratings for conduct and efficiency and had no disqualifying actions that would disqualify him from award of an Army Good Conduct Medal. This award is not shown on his DD Form 214. REFERENCES: 1. Title 10, U.S. Code, 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) provides that 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 672-1 (Decorations and Awards) 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. 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 3years 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. 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 Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows the 23d Infantry Division and its subordinate units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders Number 6, dated 1974, for the period 1 April 1971 through 30 June 1971. ABCMR Record of Proceedings (cont) AR20190003015 5 1