BOARD DATE: 24 July 2020 DOCKET NUMBER: AR20190014712 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 27 September 2019 * Department of Veteran's Affairs (VA) Form 21-4138 (Statement in Support of Claim), undated * DA Form 2-1 (Personnel Qualification Record – Part II), page 1 * 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 his Combat Infantryman Badge was overlooked until now. 3. On 6 June 1962, he was commissioned a second lieutenant in the Regular Army. 4. He served in Vietnam and he was assigned duty military occupational specialty (MOS) of 1542 (Infantry Unit Commander) during the following periods: a. 31 March 1965 to 18 December 1965 for 10 months of temporary duty with assignment to Headquarters and Headquarters Company, 3d Brigade, 25th Infantry Division, and b. 4 February 1966 to 31 January 1967 for 12 months on a permanent change of station with assignments to Headquarters and Headquarters Company, 3rd Brigade Task Force, 25th Infantry Division, from 4 February 1966 to 1 August 1966 and Company A, 2nd Battalion, 35th Infantry, 3d Brigade Task Force, 25th Infantry Division, from 2 August 1967 to 31 January 1967. 5. Headquarters, U.S. Army Vietnam, General Orders Number 580, dated 27 January 1966, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam, for the period 7 September 1965 to 29 September 1965, while assigned to Headquarters, 3d Brigade, 25th Infantry Division. 6. Headquarters, U.S. Army Vietnam, General Orders Number 591, dated 27 January 1966, awarded him the Air Medal (First Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the Republic of Vietnam, for the period 29 September 1965 to 13 October 1965, while assigned to Headquarters, 3d Brigade, 25th Infantry Division. 7. Headquarters, 3d Brigade Task Force, 25th Infantry Division, General Order Number 287, dated 10 October 1966, awarded him the Bronze Star Medal with "V" Device for distinguishing himself by heroic actions against an armed hostile force in the Republic of Vietnam on 2 August 1966. His citation states, in part, "On 2 August 1966, composite force consisting of Company A (-) and the battalion reconnaissance platoon and made contact in the base camp of a North Vietnamese army battalion. The enemy had encircled the friendly force and inflicted heavy casualties. During the vicious action which followed, the Commanding Officer of Company A was mortally wounded by enemy mortar fragments. [Applicant] was lifted by helicopter to the forward command post and accompanied the relief force, Company C, on a two-hour forced march to the encircled units, upon arrival, he was to assume command of the remainder of Company A. Arriving at the scene of action, the relief broke through the enemy and [Applicant] immediately took command of his badly mauled element. Together with the Company Commander of the relief force, [Applicant] established a strong defensive perimeter. With demanding and skillful leadership, he issued instructions to his subordinates, aided and gave encouragement to the wounded, and reorganized the personnel of his unit who still were functioning. Intense small arms and automatic weapons, and 82MM mortar fire were being delivered into the perimeter at this time. In the face of this vicious and heavy fire and with utter disregard for his own personal safety, [Applicant] continuously moved along the perimeter checking fields of fire, offering words of encouragement, and in general strengthening his positions. On two separate occasions, the enemy attempted to overrun the still outnumbered forces. The attacks were repulsed. Throughout the night and early morning hours, [Applicant] continued to move along the perimeter checking the positions and giving encouragement to his men. The following morning he assisted in supervising the cutting of a landing zone and the evacuation of his dead and wounded. [Applicant] delivered inspirational and magnificent leadership, displayed devotion to duty of the highest order, and demonstrated great courage in close combat against a numerically superior force." 8. Headquarters, 3d Brigade Task Force, 25th Infantry Division, General Order Number 288, dated 10 October 1966, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, for the period 11 December 1965 to 3 February 1967. 9. His DA Form 2-1 shows in item 9 (Awards, Decorations, and Campaigns) – he was awarded or authorized the: * Combat Infantryman Badge * Meritorious Service Medal (1st Oak Leaf Cluster) and with "V" Device * National Defense Service Medal * Army Commendation Medal * Valorous Unit Award * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Parachutist Badge * Master Parachutist Badge * Air Medal with Numeral 2 * Army Service Ribbon * Overseas Service Ribbon * Legion of Merit 10. On 30 April 1983, he was retired. His DD Form 214 does not show award of the Combat Infantryman Badge. 11. His records are void of orders awarding him the Combat Infantryman Badge. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the requested relief is warranted. The Board noted the record clearly shows he met the criteria for award of the Combat Infantryman Badge on 2 August 1966 during the action for which he was awarded the Bronze Star Medal with "V" Device while serving as an infantry officer in Vietnam. The Board also noted the badge is listed on his DA Form 2-1, indicating the absence of the badge on his DD Form 214 was an oversight. The Board determined the Combat Infantryman Badge should be added to his DD Form 214. 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 effective 2 August 1966 and adding the badge to his DD Form 214 for the period ending 30 April 1983. 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, 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. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) prescribed policies, responsibilities, and criteria in order to insure prompt and proper recognition of individuals. It provided for award of the Combat Infantryman Badge during the Vietnam era. Appendix V stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in enlisted 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) and officers serving in infantry units provided these officers were awarded an infantry MOS 1542, 1543, 1560, or 2162. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Combat Infantryman Badge is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces military occupational specialties. 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 military occupational specialties in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the Combat Infantryman Badge. 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 military occupational specialties are not eligible, regardless of the circumstances. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014712 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1