ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 June 2020

	DOCKET NUMBER:  AR20190009796


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) to show award of the Combat 
Infantryman Badge (CIB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), dated 18 June 2019
*	DD Form 214 for the period ending 11 October 1967
*	DD Form 214 for the period ending 30 November 1972

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 served in combat in Vietnam from 1970 through 1971 
and his award of the CIB was not included on his DD Form 214.

3.  The applicant's records contain sufficient evidence to support additional awards 
not shown on his DD Form 214 for the period ending 30 November 1972.  His 
DD Form 214 for this period will be administratively corrected without Board action to 
show award of the following:

*	two bronze service stars to his previously-issued Vietnam Service Medal
*	Valorous Unit Award
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  Having prior honorable enlisted service in the Regular Army, the applicant was 
appointed as a Reserve commissioned officer in the rank of second lieutenant on 
12 October 1967.

5.  He served in Vietnam from 15 May 1970 through 14 May 1971 and participated in 
two campaigns.  While in Vietnam, he was assigned to 

*	Headquarters and Headquarters Company, 1st Brigade, 1st Cavalry Division 
(Air Mobile), as the Assistant S-2 in area of concentration 9301 for the period 
24 May 1970 to 23 January 1971
*	Company C, 1st Brigade, 1st Cavalry Division (Airmobile), as the Commander 
in area of concentration 1542 for the period 24 January 1971 to on or about 
14 May 1971

6.  His records contain copies of:

	a.  Headquarters, 1st Cavalry Division (Airmobile), General Orders 
Number 18879, dated 2 November 1970, which awarded him the Bronze Star Medal 
for meritorious achievement, not involving participation in aerial flight, in connection 
with ground operations against a hostile enemy force in the Republic of Vietnam for 
the period May 1970 to November 1970.

	b.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 1938, 
dated 8 January 1971, which awarded him the Air Medal for the meritorious 
achievement while participating in aerial flight in the Republic of Vietnam.

	c.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 5073, 
dated 9 March 1971, awarding him the Bronze Star Medal (First Oak Leaf Cluster) 
for meritorious achievement, not involving participation in aerial flight, in connection 
with ground operations against a hostile enemy force in the Republic of Vietnam for 
the period May 1970 to February 1971.

7.  His DA Form 2-1 shows in:

	a.  item 6 (Military Occupational Specialties (MOS) – his MOS code, title, and 
date as:

*	1542, Infantry Unit Commander, 12 October 1967 to 10 November 1970
*	9301, Combat Intelligence Staff Officer, 11 November 1970 to 19 January 
1972
*	2610, Management Analyst, 20 January to 1972 to 30 November 1972

	b.  item 9 (Awards, Decorations, and Campaigns) – he was awarded or 
authorized the:

*	National Defense Service Medal Army Achievement Medal
*	Army Good Conduct Medal
*	Army Commendation Medal
*	Vietnam Service Medal
*	Bronze Star Medal (First Oak Leaf Cluster)
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Air Medal
*	overseas service bar
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  On 30 November 1972, he was honorably released from active duty.  His 
DD Form 214 for this period shows in item 24 (Decorations, Medals, Badges, 
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he 
was awarded or authorized the following:

*	National Defense Service Medal Army Achievement Medal
*	Army Good Conduct Medal
*	Army Commendation Medal
*	Vietnam Service Medal
*	Bronze Star Medal (First Oak Leaf Cluster)
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Air Medal
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
*	two overseas service bars

9.  His records are void of orders showing he was awarded the CIB.

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 
record of service to include service in Vietnam, his officer specialty, units of 
assignment and duty positions, his Bronze Star medals for achievement and service 
and applicable Army and US Army Vietnam regulations.  Based on a preponderance 
of evidence the Board determined that the applicant was entitled to award of the 
Combat Infantry while serving in Vietnam.  The Board concurs with the corrections 
stated in the Administrative Note(s) below.

2.  After reviewing the application and all supporting documents, the Board found 
that relief was warranted.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XXX	:XX	:XXX	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 stated in the 
Administrative Note(s) that follow, the Board recommends that all Department of the 
Army records of the individual concerned be corrected by:

-	Awarding the applicant the Combat Infantryman Badge while in Vietnam, 
1970-1971, and;
-	amending the applicant’s DD form 214 for the period of service ending 30 
November 1972 to add to item 24 (Decorations, Medals, Badges, 
Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – 
“CIB.”

 


	  
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:  

*	two bronze service stars to his previously-issued Vietnam Service Medal 
*	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.  Army Regulation 672-5-1 (Military Awards), in effect at the time, prescribed Army 
policy, criteria, and administrative instructions concerning individual and unit military 
awards.  Instructions stated:

	a.  Eligibility requirements for award of the CIB stated an individual must be an 
infantry officer in the grade of colonel or below, or an enlisted man or a warrant 
officer with infantry MOS, who subsequent to 6 December 1941 has satisfactorily 
performed duty while assigned or attached as a member of an infantry unit of 
brigade, regimental or smaller size during any period such unit was engaged in 
active ground combat.  Battle participating credit alone is not sufficient; the unit must 
have been in active ground combat with the enemy during the period.  Awards may 
be made to assigned members of ranger infantry companies assigned or attached to 
tactical infantry organizations.  They may also be made to members of the U.S. 
Army who are colonels or below and are assigned under appropriate orders for 
service in Republic of Vietnam, Laos, and Dominican Republic.

	b.  Awards will not be made to general officers nor to members of headquarters 
companies of units larger in size than brigades.  Any officer whose basic branch is 
other than infantry who, under appropriate orders, has commanded an infantry unit 
of brigade, regimental or smaller size for at least, 30 consecutive days is deemed to 
have been detailed in infantry and is eligible for the award of the CIB notwithstanding 
absence of written orders detailing him in the infantry, provided all other 
requirements for such award have been met.  Orders directing the individual to 
assume command will be confirmed in writing at the earliest practicable date.

3.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the 
time, prescribed policies, responsibilities, and criteria for awards to individuals 
serving in Vietnam.  Appendix V stated the CIB was authorized for officers serving in 
infantry units provided these officers were awarded infantry MOS:  1542, 1543, 
1560, or 2162.  

4.  Army Regulation 600-8-22 (Military Awards), Appendix B-3 (Unit Citation and 
Campaign Participation Credit Registers), provides a listing of unit citations and 
shows Headquarters and Headquarters Company, 1st Cavalry Division was 
awarded the Valorous Unit Award for the period 1 May to 29 June 1970 by 
Department of the Army General Orders Number 43, dated 1972.

5.  Department of the Army General Orders Number 8, dated 19 March 1974, 
confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 
to Headquarters, U.S. Military Assistance Command, and its subordinate units 
during the period 8 February 1962 to 28 March 1973 and to Headquarters, 
U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 
28 March 1973.

//NOTHING FOLLOWS//



ABCMR Record of Proceedings (cont)	 AR20190009796

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