IN THE CASE OF: 
BOARD DATE: 23 May 2022 
DOCKET NUMBER: AR20210014685 


APPLICANT REQUESTS: 

•correction of his DD Form 214 (Armed Forces of the United States Report ofTransfer or Discharge) for the period ending 14 March 1969 to show his militaryoccupational specialty (MOS) as 11B2P (Light Weapons Infantryman –Parachutist) vice 64A2P (Light Vehicle Driver – Parachutist)

•award of the Combat Infantryman Badge (CIB)



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

•Self-Authored Statement, 2 August 2021

•101st Airborne Division Letter, 15 October 1966

•Newspaper Article, "Cite [Applicant] as Vietnam Hero"

•Photograph

•DD Form 214



FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10,U.S. 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 theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states his DD Form 214 shows his MOS as 64A2P; it should show11B2P. He was never awarded the CIB. He served in in combat in Vietnam withCompany B, 2d Battalion, 502d Infantry Regiment, 101st Airborne Division, for9 months. He was shot at and awarded the Army Commendation Medal with "V" Devicefor the combat event, but he was never awarded the CIB.

3.Headquarters, 1st Brigade, 101st Airborne Division, General Orders Number 1328,7 December 1966, cited him for valor in action during counterinsurgency operations inthe Republic of Vietnam on 11 November 1966. He distinguished himself by capturing three enemy Soldiers, several automatic weapons, and two mortars. 

4.Headquarters, 1st Brigade, 101st Airborne Division, General Orders Number 145,24 January 1967, awarded him the Army Commendation Medal with "V" Device forheroism in connection with military operations against a hostile force in the Republic ofVietnam on 11 November 1966. The citation reads:

For heroism in connection with military operations against a hostile force. Applicant distinguished himself by exceptionally valorous actions on 11 November 1966, near Tuy Hoa, Republic of Vietnam. His company was conducting a sweeping operation when they were suddenly brought under enemy small arms fire. Hearing the enemy soldiers shouting orders, [Applicant] with complete disregard for his own personal safety, moved ahead of his own platoon into a dense patch of foliage in pursuit of the enemy. Immediately he encountered and captured a North Vietnamese officer, who called to two of his own men who were hidden in the foliage and told them to surrender. He convinced the captured soldiers to lead him to their weapons and as a result recovered several automatic weapons and two mortars.  

5.Headquarters, 82d Airborne Division, Special Orders Number 238, 27 September1967, assigned him to Headquarters and Headquarters Company, 82d AirborneDivision, with a reporting date of 28 September 1967. His MOS is shown as 11B1P.

6.Headquarters, 82d Airborne Division, Special Orders Number 4, 4 January 1968,appointed him to the temporary rank/grade of specialist four/E-4. He was awardedprimary MOS 64A1P and secondary MOS 11B1P. Primary MOS 11B1P was withdrawn.

7.Headquarters, Personnel Center, U.S. Army Garrison Troop Command, SpecialOrders Number 49, 12 March 1969, released him from active duty effective 14 March1969. His MOS is shown as 64A2P.

8.His DA Form 20 (Enlisted Qualification Record) shows in:

•item 22 (Military Occupational Specialties) –



•secondary MOS 11B2P (Light Weapons Infantryman – Parachutist) effective15 December 1967

•primary MOS 64A1P (Light Vehicle Driver – Parachutist) effective15 December 1967



•item 31 (Foreign Service) – overseas tour credit for service in U.S. Army Pacific-Vietnam from 28 September 1966 through 26 June 1967•item 38 (Record of Assignments) –



•Company B, 2d Battalion, 502d Infantry Regiment, 101st Airborne Division,U.S. Army Pacific-Vietnam, as an assistant machine gunner in dutyMOS 11B1P from 2 October 1966 through 15 March 1967

•Medical Holding Detachment, U.S. Army Hospital, Ryukyu Islands, U.S. ArmyPacific-Vietnam, as a patient from 16 March 1967 through 18 May 1967

•Company B, 2d Battalion, 502d Infantry Regiment, 1st Brigade,101st Airborne Division, as a rifleman in duty MOS 11B1P from 19 May 1967through 10 June 1967

•Medical Holding Detachment, 7th Field Hospital, U.S. Army Pacific-Vietnam,as a patient from 11 through 25 June 1967



•item 41 (Awards and Decorations) –



•Parachutist Badge

•National Defense Service Medal

•Vietnam Service Medal

•Army Commendation Medal with "V" Device



9.During his service in Vietnam from 2 October 1966 through 10 June 1967,participation credit was awarded for the following campaigns:

•Vietnam Counteroffensive Phase II – 1 July 1966-31 May 1967

•Vietnam Counteroffensive Phase III – 1 June 1967-29 January 1968



10.On 14 March 1969, he was honorably released from active duty and transferred tothe U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in:

•item 23a (Specialty Number and Title) – 64A2P (Vehicle Driver)

•item 24 (Decorations, Medal, Badges, Commendations, Citations and CampaignRibbons Awarded or Authorized) –



•National Defense Service Medal

•Parachutist Badge

•Vietnam Service Medal

•Army Commendation Medal with "V" Device



11.His service records are void of orders awarding him the CIB.

12.Department of the Army General Orders Number 8, 19 March 1974, confirmedaward 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. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was partially warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. a.The evidence also shows he held an infantry MOS during his tour in Vietnam andhe was assigned to an infantry unit. He was twice awarded valor awards for heroism against the enemy in Vietnam. The Board determined he met the criteria for award of the Combat Infantryman Badge.  b.The evidence shows the applicant enlisted n 17 March 1966 and was trained inand held an infantry MOS. However, in January 1968, his higher headquarters, appointed him to the temporary rank/grade of specialist four/E-4. He was awarded primary MOS 64A1P and secondary MOS 11B1P. Primary MOS 11B1P was withdrawn. He held MOS 64A at the time of his separation. Because the DD Form 214 reflects the facts and circumstances at the time this form was processed, the Board determined his DD Form 114 correctly reflect MOS 64A. 


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

:X :X :X GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief.  As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected, in addition tothe corrections addressed in Administrative Note(s) below, by:

•awarding him the Combat Infantryman Badge for being actively engaged inground combat with the enemy on 11 November 1966 in Vietnam

•adding award of the Combat Infantryman Badge to his DD Form 214



2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief.  As a result, the Board recommends denial of so much ofthe application that pertains to amending the MOS shown on his DD Form 214 to 11B..


Microsoft Office Signature Line...
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): The applicant is authorized administrative correction of his DD Form 214, for the period ending 29 October 1968 to show the following awards without Board action: 

•two bronze service stars with his already-awarded Vietnam Service Medal


•Republic of Vietnam Campaign Medal with Device (1960)

•Meritorious Unit Commendation

•Republic of Vietnam Gallantry Cross with Palm Unit Citation




REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice.  This provision of law also allows the ABCMR to excuse an applicant's failureto timely file within the 3-year statute of limitations if the ABCMR determines it would bein the interest of justice to do so.

2.Army Regulation 600-8-22, effective 11 January 2007, prescribed Army policy,criteria, and administrative instructions concerning individual and unit military awards.For award of the CIB, a Soldier must meet the following three requirements:

•be an infantryman satisfactorily performing infantry duties

•be assigned to an infantry unit during such time as the unit is engaged in activeground combat

•actively participate in such ground combat – campaign or battle credit alone isnot sufficient for award of the CIB



3.Department of the Army Pamphlet 672-3 (Unit Citation and Campaign ParticipationCredit Register), effective 24 March 2017, contains a register of unit citations andcampaign participation credits for the Vietnam Conflict, the Grenada Operation, and theperiod of service subsequent to the Vietnam Conflict up to February 1986. It assistscommanders and personnel officers in determining or establishing the eligibility ofindividual members for campaign participation credit, assault landing credit, and unitcitation badges awarded during the Vietnam Conflict, the Grenada Operation, and theperiod of service up to February 1986. This pamphlet shows the 2d Battalion,502d Infantry Regiment, was cited for award of the Meritorious Unit Commendation forthe period 29 July 1965 through 1 October 1966 in Department of the Army GeneralOrders Number 1, 1969, as amended in Department of the Army General OrdersNumber 17, 1968.

4.Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed theseparation documents that must be prepared for Soldiers upon retirement, discharge, orrelease from active duty service or control of the Active Army. It establishedstandardized policy for preparing and distributing the DD Form 214.

a.The general instructions stated all available records would be used as a basis forpreparation of the DD Form 214, including the DA Form 20 and orders. 
b.The specific instructions for item 23a stated to enter the primary MOS codenumber and title. 

c.The specific instructions for item 24 stated to enter all decorations, servicemedals, campaign credits, and badges awarded or authorized from section 9 of the DA Form 20, omitting the authorities cited therein. 

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