IN THE CASE OF: BOARD DATE: 19 August 2021 DOCKET NUMBER: AR20210005434 APPLICANT REQUESTS: 1. Reconsideration of his request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 July 1967 to show in: * item 23a (Specialty Number and Title) – military occupational specialty (MOS) 11H4O (Armor Crewman) * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – Combat Infantryman Badge 2. Correction of item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) to show his unit as 1st Squadron, 7th Calvary Regiment. 3. A personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Letter from U.S. Army Human Resources Command (HRC) Awards and Decorations Branch, 3 January 2020 * two Self-Authored Letters, undated * DA Form 20 (Original and Revised) (pages 1 and 3 only) * Headquarters, U.S. Army Training Center, Special Orders Number 328, 24 November 1967 * DD Form 214 * Letter of Support from O____, 23 January 2019 * DD Form 214 for the period ending 12 July 1967 for O____ * Headquarters, Personnel Center, U.S. Army Garrison Troop Command, Special Orders Number 122, 12 June 1968 * DA Form 2658 (Health Record – Abstract of Service), 21 June 1965-24 January 1967 * Airborne Course Diploma, 19 November 1965 * 1st Calvary Division (Airmobile), General Orders Number 4117, dated 17 December 1966 * Air Medal Certificate * Picture of Uniform * Organizational History of the 1st Squadron, 7th Calvary Regiment * Mail Receipts * Standard Form 600 (Chronological Record of Medical Care) * Standard Form 515 (Clinical Record – Tissue Examination) * ABCMR Docket Number AR20080008114 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20160010345 on 11 October 2018. 2. The Board will only consider the applicant's request for award of the Combat Infantryman Badge and correction of his DA Form 20. On 22 January 2019, the applicant's original DD Form 214 for the period ending 16 June 1968 and two DD Forms 215 (Correction to DD Form 214), issued on 9 July 2012 and 9 February 2018, were voided and a new DD Form 214 was administratively reissued per ABCMR Docket Number AR20160010345. His reissued DD Form 214 shows in: * item 11 (Primary Specialty) – 11H4O (Armor Crewman) * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Air Medal * Vietnam Service Medal with three bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Parachutist Badge * Army Good Conduct Medal * National Defense Service Medal 3. The applicant states he requests a personal appearance hearing before the Board to correct clerical errors in his military records from Vietnam. The issues are very important to him emotionally as he served in combat in the jungle for 1 year. He further states: a. His records were lost. At the time of his discharge, his records were falsified. His MOS was changed and both the Combat Infantryman Badge and Parachutist Badge were omitted from his DD Form 214. b. His original records were found, proving his correct MOS and the combat unit he served with in Vietnam. A three-ring binder of all of his information was sent to the Board, but he was not notified of the Board's determination at the time of his current submission. c. He was not awarded the Combat Infantryman Badge due to the clerical error made in his records. His MOS and unit were misrepresented. All the other Soldiers in his company had the Combat Infantryman Badge listed in their records. They all wore it on their uniforms. 4. His Standard Form 600 shows he was treated for injuries caused by shrapnel on 22 April 1966. 5. His Standard Form 515 shows a tissue sample was taken on 27 February 1967 from the area where he was wounded by shrapnel 9 months prior. 6. His DA Form 20 indicates it is a reconstructed record prepared at the U.S. Army Personnel Services Support Center and shows in: * item 31 (Foreign Service) – overseas tour credit for service in U.S. Army Pacific- Vietnam from 27 November 1965 to 16 November 1966 * item 40 (Wounds) – no entries * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Overseas Service Medal (2) * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 7. On 16 June 1968, he was honorably released from active duty. Item 24 of his original DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal 8. On 19 August 2008, the ABCMR denied his request for award of the Combat Infantryman Badge in Docket Number AR20080008114. The Board concluded the evidence was insufficient to show he met the eligibility criteria. He provided a copy of the record of proceedings wherein he highlighted: "The Awards Branch of the HRC [formerly known as the Total Army Personnel Command] has advised in similar cases, that during the Vietnam era the CIB [Combat Infantryman Badge] was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11G, or 11H." 9. On 9 July 2012, he was issued DD Form 215 correcting item 24 of his DD Form 214 for the period ending 16 June 1968 by: * deleting – * Vietnam Service Medal * Vietnam Campaign Medal * adding – * Air Medal * Vietnam Service Medal with three bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 10. On 9 February 2018, he was issued a DD Form 215 correcting item 24 of his DD Form 214 for the period ending 16 June 1968 by adding the Basic Parachutist Badge. 11. On 11 October 2018, the ABCMR determined the evidence presented in ABCMR Docket Number AR20160010345 was sufficient to warrant a recommendation for partial relief. His request for award of the Combat Infantryman Badge was denied. 12. On 22 January 2019, his original DD Form 214 for the period ending 16 June 1968 and DD Forms 215 issued on 9 July 2012 and 9 February 2018 were voided and a new DD Form 214 was administratively reissued per ABCMR Docket Number AR20160010345 showing in: * item 11 (Primary Specialty) – 11H4O (Armor Crewman) * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Air Medal * Vietnam Service Medal with three bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Parachutist Badge * Army Good Conduct Medal * National Defense Service Medal 13. On 23 January 2019, O____ wrote a statement on behalf of the applicant wherein he stated he spent a year in Vietnam with the applicant. They were both in the same platoon, doing the same thing, and both held MOS 11H2O. He submitted his DD Form 214 for the period ending 12 July 1967, which shows he held MOS 11H2O and was awarded the Combat Infantryman Badge. 14. The letter from the HRC Awards and Decorations Branch, 3 January 2020, stated HRC was unable to authorize issuance of the Combat Infantryman Badge. Based on a review of the applicant's service record, he held MOS 11E4O and was assigned to Company D, 1st Squadron, 77th Artillery Regiment. During the Vietnam War the 11 series MOS consisted of both infantryman and armor specialties. Although both infantryman and armor Soldiers were in the same series, not all of these Soldiers were eligible to receive the Combat Infantryman Badge. Since he did not possess the infantryman MOS, nor was assigned to a qualifying unit, he did not meet the regulatory criteria for the Combat Infantryman Badge. 15. The Organizational History of the 1st Squadron, 7th Calvary Regiment, for the period 1 January 1966 through 31 December 1966 describes how Company D was being utilized by the 1st Squadron, 7th Calvary Regiment, and highlights specific actions of Company D. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. Regarding the error in the applicant's unit of assignment in Vietnam on his reconstructed DA Form 20, the Board found sufficient other evidence, such as his Air Medal orders, to confirm that he was, in fact, a member of 1st Battalion, 7th Cavalry, during his service in Vietnam and he served in that unit in an infantry MOS. The Board also found, however, that the error on the DA Form 20 has no bearing on determining his eligibility for the Combat Infantryman Badge. With other records available to confirm he was in a unit that made him eligible for the Combat Infantryman Badge, the Board determined that altering the reconstructed DA Form 20 would serve no purpose. The applicant is advised that these Proceedings will be filed in his Official Military Personnel File, which will confirm his claim regarding his unit. 3. The Board found insufficient evidence to confirm the applicant was awarded the Combat Infantryman Badge. The available records do not confirm that he was personally present and under hostile fire while serving in his assigned infantry primary duty while his unit was actively engaged in ground combat with the enemy, nor do the available records confirm that he actively participated in ground combat. The Board noted the statement and records provided by his comrade in arms; however, the statement was insufficiently specific with regard to the applicant's participation in combat, and the fact that his comrade was awarded the Combat Infantryman Badge is an insufficient basis for adding the badge to the applicant's record. In the absence of additional evidence, such as additional statements from individuals with first-hand knowledge of the applicant's service in Vietnam or orders awarding him the Combat Infantryman Badge, the Board determined the Combat Infantryman Badge should not be added to his record at this time. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20160010345, dated 11 October 2018. 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. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. For award of the Combat Infantryman Badge a Soldier must meet the following three requirements: a. be an infantry Soldier satisfactorily performing infantry duties. A Soldier must be an Army enlisted Soldier or warrant officer with an infantry or special forces MOS who, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of either brigade, regimental, or smaller size during any period such unit was engaged in active ground combat; b. be assigned to an infantry unit during such time as the unit is engaged in active ground combat. (1) 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 brigade, regiment, or smaller size. For example, personnel possessing an infantry MOS 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. (2) Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances. The infantry or special forces MOS does not necessarily have to be the Soldier's primary specialty, as long as the Soldier has been properly trained in infantry or special forces tactics, possesses the appropriate skill code, and is serving in that specialty when engaged in active ground combat as described above. Commanders are not authorized to make any exceptions to this policy; and c. actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. 3. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, in effect at the time, prescribed instructions for preparing and maintaining the DA Form 20. The DA Form 20 is the basic document for maintaining current data necessary to manage enlisted personnel and document their military careers. Paragraph 9-51 (Record of Assignments (item 38)) stated entries would be made in chronological order and would reflect a record of all military service of the individual. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for the preparation of DD Form 214, including the DA Form 20 and orders. a. The specific instructions for item 23a stated to enter the primary MOS code number and title. b. The specific instructions for item 24 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 9 of the DA Form 20, omitting the authorities cited therein. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005434 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1