ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 October 2019 DOCKET NUMBER: AR20190003202 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with a separation date of 7 September 1968, to reflect award of the Air Medal, the Bronze Star Medal, and the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders Number 2174, Headquarters, 4th Infantry Division, dated 27 May 1968 * Citation for the Air Medal * Citation for the Bronze Star Medal * DD Form 214, dated 4 December 1966 * DD Form 214, dated 7 September 1968 * letter to applicant, National personnel Records Center, dated6 February 2019 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 states, in effect, the Air Medal, Bronze Star Medal, and the Combat Infantryman Badge are not listed on his DD Form 214. He contends he has the medals for the awards, which were awarded to him after he returned from Vietnam (RVN). While assigned as a platoon leader in the summer of 1968 he was awarded the Combat Infantryman Badge by Alpha Company, 3rd Battalion, 12th Infantry, 4th Infantry Division. He was in the hospital when he was awarded Combat Infantryman Badge but others informed him when he returned from the hospital. 3. The Board will not consider the portion of the applicant's request pertaining to award of the Air Medal or the Bronze Star Medal; this portion of the request will be addressed through an administrative correction. 4. On 5 December 1966, the applicant was appointed a Reserve commissioned officer of the Army. He was assigned to the Infantry branch with the primary military occupational specialty 1542 (Infantry Unit Commander). 5. The applicant served in the RVN from the period 29 May 1967 to 23 May 1968, and during this assignment, he was assigned to the following units and duties: * Alpha Company, 3rd Battalion, 12th Infantry, United States Army Pacific (USARPAC) – Vietnam from 6 June 1967 to 18 August 1967 as a Rifle Platoon Leader * Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division, USARPAC, from 19 August 1967 to 22 May 1968 as a Liaison Officer 6. On 7 September 1968, the applicant was released from active duty. He completed 2 years, 8 month, and 9 days of active service that was characterized honorable. His DD Form 214 shows he was awarded or is authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Counteroffensive Phase II and III 7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal awards orders for the applicant. 8. The applicant's record is void of orders that show he was awarded the Combat Infantryman Badge. Additionally, his record shows that he was an infantry Soldier, assigned to an infantry unit. However, his record does not contain documentation stated that he participated with his unit while they were engaged in active ground combat. 9. Army Regulation 600-8-22 (Military Awards) states are three basic 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. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is warranted. 2. The Board noted the applicant's statement, his service in Vietnam as a Rifle Platoon Leader, his participation in more than 25 aerial assault missions (as noted in his Air Medal Citation), his award of the Bronze Star Medal, and his service in an infantry unit during a period for which the unit was awarded the Presidential Unit Citation. The Board agreed that a preponderance of the evidence shows he met the criteria for award of the Combat Infantryman Badge, and the badge should be added to his DD Form 214 in addition to the items addressed in Administrative Note(s) below. 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 adding the Combat Infantryman Badge to his DD Form 214 for the period ending 7 September 1968, in addition to the administrative corrections addressed in Administrative Note(s) below. 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): Make the following administrative corrections to the applicant's DD Form 214 for the period ending 7 September 1968: a. delete – VSM b. add – * Air Medal * Bronze Star Medal * Vietnam Service Medal with four bronze service stars * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. There are three basic 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. b. The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers). A silver service star is worn in lieu of five bronze service stars. Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal. Appendix B shows that during his service in the Vietnam, participation credit was awarded for the following campaigns: * Vietnam Counteroffensive, Phase II, 1 July 1966—31 May 1967 * Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968 * Tet Counteroffensive, 30 January 1968—1 April 1968 * Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968 3. Army Regulation 635-5 (Separation Documents), then in effect, established standardized policy for preparing and distributing the DD Form 214. It stated that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190003202 3 1