IN THE CASE OF: BOARD DATE: 29 September 2020 DOCKET NUMBER: AR20200001811 APPLICANT REQUESTS: award of the Combat Infantryman Badge (CIB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 the duties/MOS he held authorize him to wear the Combat Infantryman Badge. 3. After 1 year, 1 month, and 16 days of prior enlisted service in the Regular Army, the applicant was appointed a second lieutenant in the U.S. Army Reserve (USAR) in the Infantry Corps effective 28 September 1967. 4. The applicant’s DA Form 66 (Officer Qualification Record) shows the following: * he held area of concentration (AOC) 1542 (Infantry Officer) * he served in Vietnam from 7 September 1968 through 9 December 1968 * he was assigned as a 1542 platoon leader to Company D, 4th Infantry Regiment, 39th Infantry Division in Vietnam from 10 October 1968 through 13 November 1968 * he participated in two campaigns * he was awarded or authorized the National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Purple Heart 5. A Western Union Telegram addressed to the applicant’s father shows the applicant was wounded in Vietnam on 6 November 1968 as a result of hostile action when he was on a combat operation and was hit by a blast from a hostile booby trap. He received traumatic amputation of the left leg below the knee and remained hospitalized in Vietnam. 6. Headquarters, 9th Infantry Division General Orders Number 371, dated 11 January 1969, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from October 1968 through November 1968. 7. The evidence shows the applicant served as an Infantry officer assigned to an Infantry unit of regimental size or smaller while participating in active ground combat in Vietnam. 8. The applicant’s available service records do not contain orders awarding him the CIB. 9. The applicant’s DD Form 214 shows he was retired due to permanent physical disability effective 27 July 1972, after 5 years, 11 months, and 16 days of net active service. He was awarded or authorized the following: * National Defense Service Medal * Army Good Conduct Medal * Vietnam Service Medal with 1960 Device (erroneous combination of Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960)) * Bronze Star Medal * Vietnam Counter Offensive Phase IV (campaign participation credit) * Vietnam Counter Offensive Phase V (campaign participation credit) * Purple Heart BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance and found that relief was warranted. 1. The Board agreed with the analyst of record that there is sufficient evidence to award the applicant the awards noted by the analyst of record in Administrative Notes (below the signature). 2. The Board found sufficient evidence that the applicant met the criteria for award of the Combat Infantryman Badge (CIB). He served as an Infantry officer in Vietnam assigned to an Infantry unit of regimental size or smaller and participated in active ground combat, for which he received the Purple Heart Medal (wounded in action). 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: In addition to the Administrative Notes found by the analyst of record, 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 adding the 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 show he was awarded or authorized additional awards not listed on his DD Form 214. As a result, amend his DD Form 214 covering the period ending 27 July 1972, by making the following corrections to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): a. Remove the following: * Vietnam Service Medal with 1960 Device * Vietnam Counter Offensive Phase IV * Vietnam Counter Offensive Phase V b. Add the following: * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class 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 Army Board for Correction of Military Records (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 Combat Infantryman Badge is awarded to infantry officers, warrant officers, and enlisted Soldiers with an infantry military occupational specialty (MOS) or area of concentration (AOC) who satisfactorily performed infantry duties and participated in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. c. A bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows 4th Infantry Battalion, 39th Infantry Regiment was awarded the following: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July 1968 through 13 November 1968 in Department of the Army General Orders Number 31, dated 1969 * Republic of Vietnam Civil Actions Honor Medal, First Class, for the period 19 December 1966 through 28 June 1969 in Department of the Army General Orders 59, dated 1969 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001811 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1