ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20190004882 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) * Purple Herat Certificate and Orders * Medical Document * DA Form 20 (Enlisted Qualification Record) * Two denial letters from the U.S. Army Human Resources Command 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 states he served with Company D, 5th Battalion, 7th Cavalry, 1st Cavalry Division in Vietnam. He held an infantry specialty and he was wounded on 26 November 1966 by a gunshot in his right ear. He was awarded the Purple Heart. He was sent to the 249th General Hospital in Japan and later returned to Vietnam. His Department of Veterans Affairs (VA) compensation or pension document shows a gunshot wound to the right ear. He applied for this badge to the U.S. Army Human Resources Command (HRC) but he was denied because he is not a recipient of the Medal of Honor or some other higher award. It has been over 52 years since this event and the paperwork was not kept to standards at the time. 3. Review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 25 March 1966. He was trained in and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewmember) on 27 August 1966. b. He served in Vietnam from 28 September 1966 to 27 December 1967. He was assigned to Company D, 5th Battalion, 7th Cavalry, 1st Cavalry Division. c. He was wounded on 14 September 1966 by enemy action when a sniper shot him while he was on patrol near Hammond Air Strip. d. He was initially treated at the 85th Evacuation Hospital and later transferred to the 249th General Hospital on 4 December 1966 for treatment. Following completion of treatment, he returned to Vietnam on 10 January 1967 and completed his tour with eth 18th Replacement Company, 90th Replacement Battalion. e. General Orders Number 69, issued by Headquarters, 249th General Hospital on 5 December 1966 awarded him the Purple Heart for wounds received in operation against a hostile force on 4 December 1966. f. He was honorably released from active duty on 27 December 1967. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show she was awarded or authorized: * National Defense Service Medal * Vietnam Campaign Medal * Good Conduct Medal * Vietnam Service Medal * Purple Heart g. On 9 August 2019, HRC responded to his request concerning the Combat Infantryman Badge. Based on review of his military personnel file and additional resources available to this office, HRC officials were unable to verify his entitlement to the Combat Infantryman Badge. HRC acknowledged he held a qualifying MOS and served in a qualifying unit; however, they require either copies of the orders authorizing award of the badge or evidence of his satisfactory participation in active ground combat against the enemy. HRC enclosed a resource handout detailing the documentation required to process a retroactive request for award of the Combat Infantryman Badge. h. On 30 January 2019, HRC again responded to his request concerning the Combat Infantryman Badge. HRC official informed him they remain unable to authorize him the Combat Infantryman Badge. HRC officials acknowledge prior receipt of information concerning his wounds incurred on November 28, 1966, which indicate he was engaged by an enemy sniper while on patrol duty near an air strip. The previous response and the associated handout requested supporting documentation in order to process a request of this nature. Specifically, one of the types of supporting documents requested were documents associated with an individual valorous decoration, which an award of the Purple Heart does not fulfill. Individual valorous decorations which may have been awarded for ground combat during the Vietnam conflict are the following: Medal of Honor, Distinguished Service Cross, Silver Star, Bronze Star Medal with "V" Device, and Army Commendation Medal with "V" Device. Without supporting documents of the type indicated in the previously provided handout, HRC will be unable to take favorable action. 4. By regulation (AR 600-8-22), there are basically three requirements for award of the Combat Infantryman Badge. * the Soldier must be an infantryman, assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size * the Soldier must be satisfactorily performing infantry duties, during such time as the unit is engaged in active ground combat * the Soldier must actively participate in such ground combat 5. Also by regulation (U.S. Army Vietnam Regulation 672-1), the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat. The Combat Infantryman Badge was authorized for infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. Appendix V states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. This regulation also provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. Based upon the documentary evidence provided by the applicant and found within the military service record of the applicant, the Board found evidence which shows the applicant was an 11B when he engaged the enemy and was wounded on 28 November 1966; he was awarded the Purple Heart for his wound. The Board agreed the incident entitling him to the Purple Heart also met regulatory guidance to award him 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 28 November 1966, and adding the badge to his DD Form 214 for the period ending 27 December 1967. 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. 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 (Military Awards) provides for award of the Combat Infantryman Badge. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman, assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size, satisfactorily performing infantry duties, during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. 3. U.S. Army Vietnam Regulation (USARV) 672-1 (Decorations and Awards) governed award of the Combat Infantryman Badge to Army forces operating in Vietnam. This regulation stated: a. The Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat. The Combat Infantryman Badge was authorized for infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. b. Appendix V states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. c. USARV 672-1 also provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190004882 4 1