IN THE CASE OF: BOARD DATE: 28 October 2020 DOCKET NUMBER: AR20200002480 APPLICANT REQUESTS: his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add: * in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) Combat Infantryman Badge (CIB) * in item 30 (Remarks) served in 4th Infantry Division in Vietnam APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Appreciation * 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 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 the 4th Infantry Division during combat operations in the Republic of Vietnam from 21 February 1967 to 15 February 1968. He was placed in Camp Enari in Pleiku Vietnam upon arrival in Vietnam 21 February 1967 without any infantry training. Supply was his military occupational specialty (MOS) but he was not assigned to supply duties. He performed infantry combat duties including patrols in the jungles, guard duties at Dragon Mountain, perimeter duties at Camp Enari Base and involved in the Tet Offensive during his 12 month tour in Vietnam. He had tracers shot over his head from enemy sources. He was in a combat zone and exposed to life threatening circumstances from the enemy. He had no knowledge of the CIB until he was told by many Vietnam infantry Veterans that he should apply for it. 3. The applicant provides a certificate of Appreciation showing appreciation for the loyal service to the US Army while a member of the 4th Infantry Division during combat operations in the Republic of Vietnam from 21 February 1967 until 15 February 1968, 4. A review of the applicant’s service records shows: a. He enlisted in the Regular Army on 19 August 1966. b. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 27 (Military Education) shows his MOS as 76D2O (Ordnance Supply Specialist) * Item 31 (Foreign Service) shows he served in Vietnam from 21 February 1967 until 20 February 1968 * Item 38 (Record of Assignments) shows he was assigned to Headquarters and Company A, 704th Maintenance Battalion, 4th Infantry Division, USARPAC (U.S. Army Pacific) * His last unit of assignment was Headquarters and Company A, 703rd Maintenance Battalion, in USAREUR (U.S. Army Europe) c. Special Orders Number 193, issued by 4th Infantry Division, dated 12 July 1967 shows his MOS as 76P2O and withdrawing MOS 76D2O. d. He was honorably released from active duty on 31 July 1969. His DD Form 214 shows in: * Item 12 (Last Duty Assignment and Major Command): HQ and Co A 703 MNT BN USAREUR * Item 23a (Specialty Number and Title): 76P2O * Item 30 (Remarks) shows he served in USARPAC from 21 February 1967 – 20 February 1968 and USAREUR from 9 April 1968-30 July 1969. 5. By regulation, Army Regulation (AR) 600-8-22 (Military Awards), there are three requirements for award of the Combat Infantryman Badge: * the Soldier must be an infantryman satisfactorily performing infantry duties * the Soldier must be assigned to an infantry unit during such time as the unit is engaged in active ground combat * the Soldier must actively participate in such ground combat 6. By regulation (AR 635-5), the DD Form 214 shows in: * Item 12, the current unit of assignment and the title of the major command or agency having jurisdiction over that organization * Item 22c, total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the available documentation showing the applicant held a military occupational specialty of Ordnance Supply Specialist (and not an infantryman), per regulatory guidance the Board concluded the applicant did not qualify for a CIB. Additionally, based upon the information reflected on the applicant’s DA Form 20, the Board concluded the unit reflected on the applicant’s DD Form 214 was accurate. Therefore, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. 3. U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated: a. The criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat." This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. b. Appendix V of USARV Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 4. AR 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for: * Item 12 (Last Duty Assignment and Major Command): Enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization * Item 22c (Foreign and/or Sea Service): Enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002480 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1