IN THE CASE OF: BOARD DATE: 19 May 2022 DOCKET NUMBER: AR20210017082 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 August 1969 to show in: * item 23a (Specialty Number and Title) – 11B2O (Light Weapons Infantryman) * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Combat Infantryman Badge (CIB) 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). 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 the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he requests correction of his military occupational specialty (MOS) from 94B2O (Cook) to 11B1O because he was in the field in Vietnam for 30-plus days. He also requests correction of his records to show he received the CIB. The company clerk failed to submit the proper paperwork for both of these items. Without these corrections, he is unable to apply for post-traumatic stress disorder compensation, which he has been diagnosed as having by the Department of Veterans Affairs. 3. Headquarters, U.S. Army Training Center and Fort Leonard Wood, Special Orders Number 305, 1 November 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. Headquarters, U.S. Army Training Center, Infantry, Special Orders Number 87, 3 April 1967, awarded him primary MOS 11B1O. 5. Headquarters, U.S. Army Training Center, Infantry, Special Orders Number 90, 6 April 1967, awarded him the Sharpshooter (First Class Gunner) Marksmanship Qualification Badge with Mortar Bar. 6. Headquarters, 11th Infantry Brigade, Special Orders Number 227, 13 October 1967, awarded him primary MOS 94B2O and secondary MOS 11B2O, and withdrew primary MOS 11B2O. 7. Headquarters and Headquarters Company (HHC), 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade, Unit Orders Number 77, appointed him to the temporary rank/grade of specialist four/E-4. His MOS is shown as 94B2O. 8. Headquarters, 11th Infantry Brigade, Special Orders Number 261, 27 November 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 9. Headquarters, Americal Division, General Orders Number 8532, 9 November 1968, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period December 1967 through November 1968. 10. His DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (MOSs) – * Primary MOS 11B1O (Light Weapons Infantryman) effective 3 April 1967 * Primary MOS 94B2O (Cook) effective 13 October 1967 * Secondary MOS 11B2O (Light Weapons Infantryman) effective 13 October 1967 * item 31 (Foreign Service) – overseas tour credit for service in U.S. Army Pacific- Vietnam from 6 December 1967 through 2 December 1968 * item 38 (Record of Assignments) – * Company A, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade, U.S. Army Pacific-Hawaii, from 13 May 1967 through 9 September 1967 as a light weapons infantryman in duty MOS 11B1O * HHC, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade, U.S. Army Pacific-Hawaii, from 10 September 1967 through 5 December 1967 as a cook in duty MOS 94B2O * HHC, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade, U.S. Army Pacific-Vietnam, from 6 December 1967 to 29 November 1968 as a cook in duty MOS 94B2O * item 41 (Awards and Decorations) – * Vietnam Service Medal * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * two overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter (First Class Gunner) Marksmanship Qualification Badge with Mortar Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 11. During his service in Vietnam from 6 December 1967 through 29 November 1968, participation credit was awarded for the following campaigns: * Vietnam Counteroffensive Phase III – 1 June 1967-29 January 1968 * Tet Counteroffensive – 30 January 1968-1 April 1968 * Vietnam Counteroffensive Phase IV – 2 April 1968-30 June 1968 * Vietnam Counteroffensive Phase V – 1 July 1968-1 November 1968 * Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969 12. He was honorably released from active duty on 25 August 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in: * item 22b (Total Active Service) – 2 years, 11 months, and 20 days * item 23a (Specialty Number and Title) – 94B2O, Cook * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * two overseas bars 13. His records do not contain orders awarding him the Combat Infantryman Badge. 14. Headquarters, Department of the Army, General Orders Number 2, 13 January 1971, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade, for the period 2 November 1968 through 28 February 1969. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found relief is warranted. 2. Although the record shows the applicant served as a cook during his tour of duty in Vietnam, the Board accepted his statement that he served in the field as an infantryman during his tour. The record supports this conclusion, considering that he had been trained for and awarded primary MOS 11B prior to his unit’s move to Vietnam. The Board determined the applicant’s DD Form 214 should be corrected to reflect MOS 11B and he should be awarded the CIB, which should also be added to his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :GT :KC :RD 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 for the period December 1967 through November 1968 * amending his DD Form 214 as follows: * replace the entry in item 23a with “11B2O, Light Weapons Infantryman” * add the Combat Infantryman Badge to item 24 * make the corrections described in Administrative Note(s) below 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 25 August 1969 to show the following awards without Board action: * one silver service star with his already-awarded Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Mortar Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, U.S. 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. Army Regulation 672-5-1 (Awards), change 18, 8 April 1968, stated the primary purpose of the awards program is to provide tangible evidence of public recognition for acts of valor and for exceptional service or achievement. Medals constitute one of the principal forms for such evidence. Paragraph 96 (Combat Infantryman Badge) stated an individual must be an infantry officer in the grade of colonel or below or an enlisted man or a warrant officer with an infantry MOS who, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Battle participation credit alone was not sufficient; the unit must have been in active ground combat with the enemy during the period. 3. Army Regulation 635-5 (Separation Documents), 23 January 1967, prescribed the separation documents that were furnished to each individual who was separated from the Army and established standardized procedures for preparation and distribution of the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214, including the DA Form 20 and orders. The detailed instructions for item 23a (Specialty Number and Title) stated to enter the primary MOS code number and title. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017082 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1