DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RB 7 October 2019 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for , SSN XXXXXXXXX, AR20190003392 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 1 August 2019, in which the Board members recommended denial of the applicant’s request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by: awarding him the Combat Infantryman Badge for his service as an 11B10/20 in Vietnam and; amending his DD Form 214 for the period of service ending 20 September 1968 to add to the current entries in item 24 (Decorations, Medal, Badges, Commendation, Citations, and Campaign Ribbons…) – “CIB”. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 7 February 2020. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: X Encl Deput y Assist ant Secret ary of the Army CF: ( ) OMPF Printed on Recycled Paper ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20190003392 APPLICANT REQUESTS: his record be corrected to show the Combat Infantryman Badge (CIB) reflected on 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) * Letter from F K 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. 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 AR20160009813 on 7 August 2018. 3. Applicant states his DD Form 214 does not reflect that he received a CIB. He received the CIB while serving in Vietnam and it was never reflected on his records. He has been trying to get the CIB reflected in his records since 2014. 4. The applicant provided a letter attesting to his service in Vietnam. The letter shows F K verifies the applicant and the author of the letter served in the same machine gun squad in Company Alpha, 1st Battalion, 8th Infantry Division in Vietnam. While together in 1967, they participated in numerous combat assaults, search and destroy missions and ambush patrols. They engaged the North Vietnamese Army in numerous battles while in the central highlands near Cambodia and Laos boarder. 5. A review of the applicant’s records show: * 22 September 1966 – he was inducted in the United States Army as a Lightweapon Infantryman (11B) * 24 April 1967 – DA Form 20 (Enlisted Qualification Record) shows he served as a 11B in Company A, 8th Infantry Battalion, 4th Infantry Division * September 1967 to April 1968 – he received the Army Commendation Medal for his distinguished and exceptional meritorious service in support of allied counterinsurgency in the Republic of Vietnam * 20 September 1968 – he was honorably discharged * he did not receive the orders for the CIB that usually follows a combat mission 6. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed the award of the Combat Infantryman Badge for Army forces operating in South Vietnam. The criteria for award of the Combat Infantryman Badge, identified the men who trained, lived, and fought as infantrymen, and identified the Combat Infantryman Badge as a unique award established to recognize the infantryman for his service. It further stipulated the Combat Infantryman Badge was not awarded for being shot at or for undergoing the hazards of day-to-day combat. It further provided that the badge was authorized for award to infantry officers and warrant officers and to enlisted Soldiers who possessed an infantry MOS, provided they served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 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 MOSs (Infantryman and Chaplain’s Assistant) and unit of assignment in Vietnam, the third party letter attesting to his service in Vietnam, and the specialty listed on his DD Form 214. The Board majority found insufficient evidence to show that the applicant met all of the criteria for award of the CIB; one Board member determined that the evidence was sufficient. 2. After reviewing the application and all supporting documents, the Board majority found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X : :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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): Not Applicable 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. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed the award of the Combat Infantryman Badge for Army forces operating in South Vietnam. The criteria for award of the Combat Infantryman Badge, identified the men who trained, lived, and fought as infantrymen, and identified the Combat Infantryman Badge as a unique award established to recognize the infantryman for his service. It further stipulated the Combat Infantryman Badge was not awarded for being shot at or for undergoing the hazards of day-to-day combat. It further provided that the badge was authorized for award to infantry officers and warrant officers and to enlisted Soldiers who possessed an infantry MOS, provided they served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.