ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 December 2019 DOCKET NUMBER: AR20190009111 APPLICANT REQUESTS: award of the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated 29 April 2019 * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3906, dated 9 July 1967 * DA Form 4980 (Purple Heart Certificate), dated 9 July 1967 * Headquarters, 91st Evacuation Hospital (Semimobile), General Orders Number 28, dated 12 July 1967 * 1st Cavalry Division (Airmobile), General Orders Number 4207, dated 22 July 1967 * DA Form 4980 (Air Medal Certificate), dated 22 July 1967 * Air Medal Citation for the period September 1966 to July 1967, undated * Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 6339, dated 16 October 1967 * DA Form 4980 (Bronze Star Medal Certificate), dated 16 October 1967 * DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 28 March 1968 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 he was issued a Purple Heart and Bronze Star Medal; however he did not receive his CIB. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). His DD Form 214 will be administratively corrected to show award of the Bronze Star Medal with "V" Device, Meritorious Unit Commendation, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation as described in Administrative Note(s) below. 4. The Board will consider his request for the award of the CIB. 5. On 5 April 1968, he was inducted into the Army of the United States. 6. Headquarters, U.S. Army Training Center, Infantry, Fort Dix, Special Orders Number 140, dated 20 May 1966, released him from basic combat training and assigned him U.S. Army Training Center, Infantry, Fort Polk, for training in military occupational specialty (MOS) 11C (Indirect Fire Infantryman). 7. Headquarters, Fort Polk, Special Orders Number 154, dated 15 June 1966, released him from Company A, 2nd Basic Combat Training Brigade, Fort Dix, and assigned him to Fort Polk for training in MOS 11C. 8. Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 267, dated 24 September 1966, promoted him to Private First Class/E-3 and showed his MOS as 11C. 9. Company A, 2d Battalion (Airborne), 8th Cavalry Regiment, 1st Cavalry Division (Airmobile), Unit Orders Number 17, dated 9 April 1967 promoted him to specialist Four/E-4 and showed his MOS as 11C. 10. Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 102, dated 12 April 1967, withdrew his primary MOS 11C and awarded him primary MOS 11B (Infantryman). 11. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number3906, dated 9 July 1967, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 4 July 1967. 12. Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 243, dated 31 August 1967, promoted him to Sergeant/E-5 and showed his MOS as 11C. 13. Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 246, dated 3 September 1967, withdrew his primary MOS 11C20 and awarded him primary MOS 11C40. 14. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 6339, dated 16 October 1967, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 9 August 1967 and shows, "[Applicant] distinguished himself by heroism in action on 9 August 1967, while serving as a member of a mortar squad with Company A, 2d Battalion (Airborne), 8th Cavalry during an air assault mission in the Song Re Valley, Republic of Vietnam. When his unit came under heavy enemy fire and his company sustained numerous casualties, [Applicant] disregarded his own safety, moved forward through the hostile fire to assist his wounded comrades. Making several trips, he carried the wounded [S]oldiers to a safe location. Again exposing himself to enemy fire, he began carrying ammunition from the wounded men to the men in contact with the hostile forces." 15. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 29 (Qualification in Arms) – his weapons qualifications as: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14 * Marksman Marksmanship Qualification Badge with Mortar Bar * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) b. item 38 (Record of Assignments) – his effective date, duty MOS, Principal Duty, and Organization and Station or Theater, in part, as 11B10 (Ammunition Bearer) from 25 September 1966 to 20 September 1967, Company A, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, Vietnam. c. item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar * Purple Heart * Air Medal * Bronze Star with "V" Device 16. On 4 April 1968, he was honorably released from active duty. His DD Form 214 shows in: a. item 23 (Specialty Number and Title) – 11C40, Infantry Indirect Fire Crewman. b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart * Air Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Bronze Star Medal * two overseas service bars 17. His records are void of orders showing he was awarded the CIB. BOARD DISCUSSION: The Board agreed that the applicant was eligible for award of the CIB based on his assignment as an infantryman in a cavalry unit. His awards of the Purple Heart and Bronze Star Medal with "V" Device confirm he participated in active ground combat. By a preponderance of the evidence, the Board determined the applicant should be awarded the CIB and have this badge added to his DD Form 214. The Board concurred with the corrections addressed in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX 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 addressed in Administrative Note(s) below, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge effective 4 July 1967 and add this badge to his DD Form 214. 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, authorized, or eligible for awards not listed on his DD Form 214. Correct his record by awarding him the Army Good Conduct Medal (1st Award) for the period 5 April 1966 to 4 April 1968 and add to his DD Form 214: * Bronze Star Medal with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm 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. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, prescribed policies, responsibilities, and criteria in order to insure prompt and proper recognition of individuals. It 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). 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. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Company A, 2nd Battalion, 8th Cavalry, was awarded the Valorous Unit Award for action on 9 August 1967. 2nd Battalion, 8th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969. 4. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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 3 years 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009111 6 1