ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 April 2020 DOCKET NUMBER: AR20190005207 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United State Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 14 March 2019 * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States 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 never received the Combat Infantryman Badge for his combat participation. He was assigned to the 2d Battalion, 22d Infantry Regiment, 25th Infantry Division. He was also assigned to Company A, but Company D needed a welder and he was assigned there. b. He was not assigned to Company A, but rather Company D.. Company D was comprised of all mechanics and his military occupational specialty (MOS) was 11B (Infantryman). c. He fought in the Battle of Dau Tieng and he received the Bronze Star Medal. 3. On 16 July 1968, the applicant was inducted into the Army of the United States. 4. He served in the Republic of Vietnam from 7 January 1969 to 16 February 1970 and participated in three campaigns. 5. Headquarters, 25th Infantry Division, Special Orders Number 11, dated 11 January 1969: a. promoted him to private first class (PFC)/E-3 and listed his MOS as 11B1O and b. further assigned him to Company A, 2d Battalion (Mechanized), 22d Infantry Regiment. 6. Headquarters, 25th Infantry Division, Special Orders Number 25, dated 25 January 1969, amended Headquarters, 25th Infantry Division, Special Orders Number 11, dated 11 January 1969, and further assigned him to Company D, 2d Battalion (Mechanized), 22d Infantry Regiment. His MOS was listed as 11 B1O. 7. Headquarters, 25th Infantry Division, Special Orders Number 59, dated 28 February 1969, promoted him to specialist four (SP4)/E-4 and shows his unit assignment was listed as Company D, 2d Battalion (Mechanized), 22d Infantry Regiment. His MOS was listed as 11B2O. 8. Headquarters, 25th Infantry Division, Special Orders Number 59, dated 28 February 1969, awarded him MOS 11B20 and withdrew his MOS 11B1O. His unit was listed as Company D, 2d Battalion (Mechanized), 22d Infantry Regiment. 9. Headquarters, 25th Infantry Division, General Orders Number 9894, dated 2 August 1969, awarded him the Bronze Star Medal while he was attached to Company D, 2d Battalion, 22d Infantry Regiment, for the period 1 May 1969 to 30 June 1969 for meritorious achievement in connection with military operations against a hostile force. His rank was listed as SP4/E-4. 10. Headquarters, 25th Infantry Division, General Orders Number 14252, dated 17 November 1969, awarded him the Bronze Star Medal (First Oak Leaf Cluster), while he was attached to Company D, 2d Battalion, 22d Infantry Regiment, for the period January 1969 to January 1970, for meritorious achievement in connection with military operations against a hostile force. 11. Headquarters, 25th Infantry Division, Special Orders Number 22, dated 22 January 1970, reassigned him to U.S. Army Transfer Station, Oakland Army Terminal, Oakland, CA, with a reporting date of 15 February 1970. His MOS was listed as 11B2O and his rank was listed as SP4/E-4. 12. Headquarters, 25th Infantry Division, Special Orders Number 36, dated 5 February 1970, promoted him the Sergeant/E-5, awarded him primary MOS 11B4O, and withdrew his primary MOS 11B2O, with an effective date of 8 January 1970. 13. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments) – * 7 October 1968 to 15 December 1968, 11B1O, Advanced Individual Training, Company B, 2d Battalion, 5th Advanced Individual Training Brigade, Fort Polk, LA * 17 January 1969 to 27 January 1969, 11B2O, Permanent Carrier Driver, Company A, 2d Battalion (Mechanized), 22d Infantry Regiment, 25th Infantry Division * 28 January 1969 to 19 February 1969, 64B2O, Heavy Truck Driver, Company D, 2d Battalion (Mechanized), 22d Infantry Regiment, 25th Infantry Division * 20 February 1969 to 30 March 1969, 44C2O, Welder, Company D, 2d Battalion (Mechanized), 22d Infantry Regiment, 25th Infantry Division * 31 March 1969 to 30 July 1969, 11B1O, Welder, Company D, 2d Battalion (Mechanized), 22d Infantry Regiment, 25th Infantry Division * 31 July 1969 to 12 February 1970, 44C2O, Welder, Company D, 2d Battalion (Mechanized), 22d Infantry Regiment, 25th Infantry Division 14. His records are void of orders showing he was awarded the Combat Infantryman Badge. BOARD DISCUSSION: After reviewing the application, the supporting documents, the records, applicable regulations, and the facts above. The Board considered the applicant's statement, his record of service, his units of assignment and duty MOS, his BSM for achievement against a hostile force and the absence of orders for award of the CIB. Based on a preponderance of evidence, the the Board determined that relief is warranted as recommended in the Board Determination and Recommendation 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: 1. The Board determined that the evidence presented was 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 showing on his DD Form 214 for the period of service ending 15 February 1970 award of the Combat Infantryman Badge. 2. The Board further recommends that all Department of the Army records of the individual concerned be corrected by executing the actions described in Administrative Note(s) below. 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): A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214: * one bronze service star to his previously-issued the Bronze Star Medal * four bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Badge (M-14) and Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 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. The CIB is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces MOS. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances. b. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. 3. 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). 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)) shows 2nd Battalion, 22nd Infantry Regiment was awarded the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period1 September 1968 to 30 September 1970 by Department of the Army General Orders Number 5, dated 1973, and b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 by Department of the Army General Orders Number 51, dated 1971. //NOTHING FOLLOWS//