IN THE CASE OF: BOARD DATE: 7 February 2023 DOCKET NUMBER: AR20210017423 APPLICANT REQUESTS, via counsel: reconsideration of his previous request to be awarded the Combat Infantryman Badge. As a new issue, he now requests to be awarded the Special Forces Tab, and a personal hearing before the Board. APPLICANT'S SUPPORTING DOCUMENT(S) 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) * DD Form 215 (Correction to DD Form 214) * Counsel Legal Brief * General Orders Number 168, Purple Hart, 3 December 1969 * Congressional Letters * DA Form 20 (Enlisted Qualification Record) * Letter, 3D Marine Division (Reinforcement), FMF, Vietnam, 22 August 1969 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 AR20190000763, on 31 October 2019. 2. The applicant s two counsels state they are pro bono counsels to combat-wounded, disabled and medically retired former active Army [Applicant s Name]. He was assigned to Detachment A-101, C Company, 5th Special Forces Group (Airborne) ( Det. A-101, C/5th SFG(A) ), at Camp Mai Loc, Quang Tri Province, Vietnam. He was shot by the enemy and paralyzed for life at age twenty while on patrol with his team on August 12, 1969. He requests the retroactive awards of the Combat Infantryman Badge ( CIB ), and his counsel hereby request the additional award of the Special Forces Tab ( SF Tab ). He has been repeatedly denied requests for meaningful awards which he earned, because of a typographical error regarding a single character in his handwritten and typewritten Vietnam-era personnel records the transposition of a 5 for an S and a misunderstanding by Army Human Resources Command s Awards and Decorations Branch of changes in military occupational system ( MOS ) and Special Qualification Identification ( SQI ) nomenclature regarding the SF since 1969. a. The applicant was then what would now be termed a Special Forces Engineer, MOS 18C. His DD-214 separation papers of February 3, 1970, awarding him an honorable discharge and a permanent disability, list his last duty assignment and major command as Co C, 5th SFGA, his MOS as 12B35 Combat Engineer, and note his award of, inter alia, the Basic Parachutist Badge. The award of the Parachutist Badge is significant because all Special Forces personnel, then and now, are airborne-qualified. Also, the applicant s orders of December 3, 1969 awarding him the Purple Heart Medal, For wounds received in connection with military operations against a hostile force, similarly list his unit of assignment as Co C 5th SF. His DA Form 20 (Enlisted Qualification Record) of January 29, 1969 repeatedly lists his duty MOS as 12B3S. It notes his eligibility for Parachutist s pay and completion of Basic Airborne training on February 16, 1968. It lists additional training including Combat Engineer (SF) and the award of duty MOS 12B4S by C Company, U.S. Army Special Forces Training Group (Airborne) at Fort Bragg, NC on June 21, 1968. It provides a previous assignment to B Company, 1st Special Forces Group (Airborne) and a subsequent assignment to C/5th SFG(A). b. The applicant subsequently requested the award of a Combat Infantryman Badge, known as a CIB. A June 21, 2018 letter by the Awards and Decorations Branch accurately states that the requirements for a CIB are that a recipient must possess a Military Occupational Specialty (MOS) of Infantry or Special Forces, be assigned to an Infantry of Special Forces unit of brigade or smaller size and satisfactorily participate in combat while the unit was actively engaged by the enemy. This is correct. However, the branch s assessment that [Applicant] possessed a[n] MOS of 12B (Combat Demolition Specialist), while serving alongside a Special Forces unit means that he did not possess a qualifying MOS of Infantry of Special Forces during his service in Vietnam is incorrect. See also the branch s letter of February 1, 2019, stating that as the applicant held an MOS of 12BS (Combat Engineer) during his service in Vietnam, he does not qualify for a CIB. c. As explained, despite a typographical error on his discharge papers listing his MOS as 12B35, [Applicant] in fact held the MOS of 12B3S, Special Forces Engineer, as shown by his thoroughly annotated Special Forces training and assignments. 12B is indeed the MOS for combat engineers. However, the Special Qualifier Identifiers 3 and S indicate Special Forces qualification. 12B35, in 1968-69, was the MOS and SQI of a Special Forces Engineer, what would today be referred to as an 18C. It is essential to understand that the 18-series MOS, exclusive to Special Forces, was not introduced until 1983, fully fourteen years after the applicant s combat service with C/5th SFG(A) in Vietnam. Yet a Special Forces A team then consisted of a commander, an executive officer, a civil affairs/psychological operations officer, a senior noncommissioned officer, and more junior soldiers with training and assignments in intelligence, weapons, medicine, communications, and engineering. The applicant was in fact the Special Forces Engineer for Detachment A-101, as previously attested to by former teammates who remain available for recontact and sworn hearing testimony. His MOS and SQI of 12B3S was indeed, in 1968-69, a Special Forces MOS/SQI. He was assigned to a detachment, smaller than a company, battalion, brigade or group. It is unquestioned that, per the terms of his Purple Heart award, the applicant was wounded in connection with military operations against a hostile force, which certainly qualifies as satisfactory participation in combat. He fully earned and should have received a CIB in 1969. d. Taking the applicable regulation paragraph by paragraph, [Applicant] was an Army enlisted soldier with an SF MOS, properly trained in SF tactics, who in the Vietnam conflict satisfactorily performed duty while he was assigned, personally present, under hostile fire, and serving in an assigned SF duty as a member of an SF detachment, engaged in active ground combat. Retroactive awards of the CIB are authorized for fully qualified, retired Vietnam veterans where evidence of injustice is presented, and a justification is presented explaining why the CIB was not awarded in theater. The applicant s group commander, or the regional medical center commander receiving his as a casualty directly from Vietnam, should have awarded him a CIB. They likely did not only because of circumstances set forth in his letter to his family of August 22, 1969, written with the help of a nice young lady I met on this boat, the USS Repose (AH-16), a Haven-class hospital ship, which constitute new evidence in this case: I caught 2 7.62mm rifle slugs both of them completely clearing my body one hot me just above my hip I the back it came out about the middle of my stomach the second one got me in the back Right now I am paralyzed from the waist down. That letter is dated ten days after he was shot. Upon information and belief, he contracted malaria, and spent over a month at sea on the Repose. He subsequently transferred to a U.S. naval hospital in Da Nang, before arriving at a U.S. military hospital in Tokyo on September 20, 1969, where he spent an additional several months before returning to the United States. e. The applicant s parents reportedly received a horrifying telegram stating that their son was wounded and not expected to survive, but that the military (unbelievably) could not locate him. Immediately evacuated by the Army with a severe and life-threatening wound, and then unexpectedly in the good care of the Navy for months with malaria as well as paralysis, it appears as if his Special Forces group commander forgot to award him a CIB, while the naval medical personnel were likely unaware of his eligibility for this Army-specific award. This letter constitutes new evidence explaining the error and injustice, the manifest injustice is in any case clear, and up to this Board to correct. f. Counsel further believe that the applicant is also entitled to the award of a Special Forces Tab for his successful completion of U.S. Army John F. Kennedy Special Warfare Center and School-approved Regular Army institutional training leading to SF qualification, leading to the award of an SQI of 3 or S, including specifically in MOS 12B. They believe the applicant has shown, by at least a preponderance of the evidence, that he was entitled to both the CIB and SF Tab, and that these belated awards are appropriate relief. g. On the strength of the applicant s case, counsels request a hearing to that end. They note in closing that the applicant is now an elderly man of 72 years of age, who has suffered the health effects of his grievous wound for 52 years. The time to correct this error and injustice may unfortunately be short. We therefore respectfully ask the Board to act forthwith on his meritorious request. 3. With respect to the Special Forces Tba, the applicant s request is premature. a. Paragraph 8-41 (Award Approval Authority) of Army Regulation 600-8-22 (Military Awards), the regulation that provides Department of the Army policy, criteria, and administrative instructions concerning individual military awards and decorations, states For veterans and retirees, Commander, U.S. Army Human Resources Command (AHRC PDP A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122 5408. b. Paragraph 2-5 of Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states the Board will not consider any application if it determines that the applicant has not exhausted all available administrative remedies. There is no evidence that the applicant requested award of the SF Tab to the Commander, U.S. Army Human Resources Command, and was denied this award. c. The request for the SF Tab will not be further discussed in this Record of Proceedings. 4. Review of the applicant s service records shows: a. He enlisted in the Regular Army on 4 October 1987. He completed basic combat training at Fort Polk, LA, followed by the Basic Airborne Course at Fort Benning, GA. b. He then completed the Combat Engineer Course at Fort Bragg, NC and was awarded military occupational specialty 12B3S (the S is special qualification identifier signifying special forces. The Army has a letter and number system to keep track of extra skills that enlisted Soldiers and commissioned officers gained. For enlisted Soldiers, they have ASIs (Additional Skill Identifiers) and SQI (Special Qualification Identifiers). SQI schools are considered specialty schools. The difference between SQI and ASI schools is that SQI schools are MOS-specific. For example, an Infantryman cannot attend Court Reporter School, but an Army paralegal can. Not every MOS offers specialty SQI schools. Additionally, some SQI schools are only open to ASI holders, as is the case with Special Forces Underwater Operations School; only qualified Special Forces Soldiers may attend. Examples: P is for parachutist, X is for drill sergeant, G is for ranger, and S is for Special Forces. c. The applicant s DA Form 20 shows he served in Okinawa from 16 September 1968 to on or about 20 September 1969. He was assigned to Company B, 1st Special Forces Group (Airborne). d. He departed Okinawa on or about 12 May 1969 enroute to Vietnam. He served as a Combat Demolition Specialist (MOS 12B3S) while assigned to Company C, 1st Special Forces Group. e. On 18 August 1969, he was wounded in action when he was struck by enemy explosive device in Vietnam. He sustained a penetrating wound from the explosive device fragments. f. He was evacuated through the 249th General Hospital in Japan to Letterman General Hospital, San Francisco as a patient. g. General Orders Number 168, issued by Letterman General Hospital on 3 December 1969, awarded him the Purple Heart for wounds received in action in Vietnam. h. He was permanently retired on 3 February 1970 due to disability and he was placed on the permanent disability retired list in his retired grade of specialist four/E-4 on 4 February 1970. His DD Form 214 shows he completed 2 years and 6 months of active service. It also shows in: * Block 27a (Specialty Number) 12B35 (the number 5 instead of the letter S), Combat Engineer * Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Purple Heart, Vietnam Campaign Medal with 1970 Device, Vietnam Service Medal, National Defense Service Medal i. On 22 June 2015, the applicant was issued a DD Form 215 (Correction to DD Form 214) which amended his DD Form 214 to show award of the following: * Army Good Conduct Medal * Vietnam Service Medal with one bronze service star * Basic Parachutist Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 5. On 1 February 2019, the Awards and Decorations Branch at the U.S. Army Human Resources Command responded to his inquiry regarding his desire to obtain additional awards. The Awards Branch would like to render favorable action; however, they are unable to facilitate his request at this time. Regarding the Combat Infantryman Badge, it has only been awarded to those Soldiers who held a Military Occupational Specialty (MOS) of Infantry or Special Forces (11 or 18 series) and performed Infantryman duties during conflict with the enemy. The Awards Branch noted that the applicant initially held the MOS of 11B (Infantryman) and served in a Special Forces unit; however, he held an MOS of 12BS (Combat Engineer) during his service in Vietnam. As this is not an Infantryman MOS, he does not qualify for this award. 6. On 3 July 2019, the Awards and Decorations Branch at the U.S. Army Human Resources Command responded to his inquiry recently submitted on his behalf concerning his desire to receive additional awards for his service in Vietnam. Concerning the Combat Infantryman Badge (CIB), he did not possess a qualifying Infantryman Military Occupational Specialty (MOS) for this award during the Vietnam era. Please note, Special Forces personnel who possessed MOSs in the 18 Series did not become eligible for award of the CIB until December 20, 1989; retroactive awards are not authorized prior to this effective date. 7. Meanwhile, prior to receiving denials from HRC, on 19 December 2018, the applicant petitioned this Board to correct his: (1) His DD Form 214 to show in: * item 23a, "12B3S, Special Forces" instead of "12B35, Combat Engineer" * item 24, the Combat Infantryman Badge CIB) and two overseas service bars. (2) His DA Form 20 to show in: * item 27 (Military Education), completion of Airborne Infantry Training at Fort Gordon, GA, in 1967 * item 31 (Foreign Service), foreign service dates in Vietnam, and * item 38 (Record of Assignments), assignment to Detachment A, 101st Infantry Division, and hospitalization on the U.S.S. Repose on 12 August 1969 until transfer to Tokyo Hospital, * item 41 (Awards and Decorations), award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960). 8. On 19 October 2019, after reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Boards stated: (1) The applicant s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows that when the applicant engaged enemy forces in Vietnam that he was not an infantryman as required by regulatory guidance to be awarded a CIB. (2) The DA Form 20 was a snapshot of a Soldier's personnel data as it was at the time the form was produced and it was used as an internal management tool to assist officials processing a Soldier's assignment/reassignment, promotions, and career progression. The DA Form 20 is no longer active or accessible after a Soldier's discharge and is now obsolete. Since the DA Form 20 is not normally accessible by individuals other than the Soldier, there is no basis for the Board to correct it. (3) Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to depict the military service of the applicant more accurately: ADMINISTRATIVE NOTE(S): The applicant's DD Form 214 should be corrected to show in: * item 23, "MOS 12B3S" instead of "12B35," * item 24, two overseas service bars, * item 25, Basic Airborne, 3 weeks, 16 February 1968, and * item 30 (Remarks), "Vietnam Service: 4 June 1969 to 12 August 1969" 9. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided for award of the Combat Infantryman Badge during the Vietnam era. Appendix V stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). 10. AR 600-8-22 (Military Awards) states the eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989. Retroactive awards for special forces personnel are not authorized. 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. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant s contentions, the military record, and regulatory guidance were carefully considered. The Board noted that the applicant held a combat engineer MOS and performed duties of combat engineer during his service in Vietnam. Although he was wounded and was assigned to an SF unit, he held an MOS of 12B (Combat Engineer) during his service in Vietnam. As this is not an Infantryman MOS, he does not qualify for this award. Even if he held an SF special qualification identifier, personnel who possessed SF MOSs did not become eligible for award of the CIB until December 20, 1989. Retroactive awards are not authorized prior to this effective date. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING ME: GT: SM: 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 to amend the decision of the ABCMR set forth in Docket Number AR20190000763, on 31 October 2019. 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 (ABCMR) 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, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that 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. All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises. The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge. No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry. To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years. a. Army Regulation 600-8-22 (Military Awards) states 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. Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989. Retroactive awards for special forces personnel are not authorized. 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. b. Appendix V of U.S. Army Vietnam (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. c. During the Vietnam Conflict, subsequent to 1 March 1961, any officer, warrant officer, or enlisted Soldier whose branch was other than Infantry will be eligible for award of the Combat Infantryman Badge provided all the below listed requirements have been met: * Assigned as advisor to an Infantry unit, Ranger unit, Infantry-type unit of the civil guard of regimental or smaller size, and/or Infantry-type unit of the self- defense corps unit of regimental or smaller size of the Vietnamese government during any period such unit was engaged in actual ground combat. * Assigned as advisor of an irregular force comparable to the above Infantry units under similar conditions. * Personally present and under fire while serving in an assigned primary duty as a member of a tactical advisory team while the unit participated in ground combat 3. Army Regulation 600-8-22 provides for award of the Special Forces (SF) Tab in paragraph 8 41. It states: a. Any person meeting one of the criteria below may be awarded the SF Tab: (1) Successful completion of USAJFKSWCS (United States Army John F. Kennedy Special Warfare Center and School) approved Regular Army institutional training leading to SF qualification; (2) Successful completion of a USAJFKSWCS approved Reserve Component (RC) SF qualification program; (3) Successful completion of an authorized unit-administered SF qualification program. b. For Regular Component institutional training, the SF Tab may be awarded to all personnel who meet the following: (1) For successful completion of the SF Qualification Course or SF Detachment Officer Qualification Course (previously known as the SF Officer Course). These courses are or were conducted by the USAJFKSWCS (previously known as the U.S. Army Institute for Military Assistance). (2) Prior to 1 January 1988 for successful completion of the then approved program of instruction for SF qualification in a SF group, who were subsequently awarded, by competent authority, SQI S in CMF 18 (enlisted), or SQI 3 in functional area 18 (officer). c. For RC SF qualification programs, the SF Tab may be awarded to all personnel who successfully complete a RC SF qualification program according to Training and Doctrine (TRADOC) Regulation 135 5, dated 1 June 1988 or its predecessors and who were subsequently awarded, by competent authority, SQI S or 3 in MOS 11B, 11C, 12B, 05B, 91B, or ASI 5G or SQI 3 . USAJFKSWCS will determine individual entitlement for award of the SF Tab based on historical review of Army, Continental Army Command, and TRADOC regulations prescribing SF qualification requirements in effect at the time the individual began a RC SF qualification program. d. For unit-administered SF qualification programs, the SF Tab may be awarded to all personnel who successfully completed unit-administered SF qualification programs as authorized by regulation. The USAJFKSWCS will determine individual entitlement to award of the SF Tab based upon historical review of regulations prescribing SF qualification requirements in effect at the time the individual began a unit-administered SF qualification program. e. The SF Tab may be awarded retroactively to all personnel who performed the following wartime service: (1) From 1942 through 1973. Served with a SF unit during wartime and were either unable to or not required to attend a formal program of instruction but were awarded SQI S , 3 , or ASI 5G by competent authority. (2) Prior to 1954. The SF Tab may be awarded prior to 1955 for at least 120 consecutive days in selected organizations: (3) From 1954 through 1975. Any company grade officer or enlisted Servicemember awarded the CIB or CMB while serving for at least 120 consecutive days in one of the following type organizations: (a) SF operational detachment-A (A Team); (b) Mobile strike force; (c) SF reconnaissance team; (d) SF special project unit. f. Award approval authority: (1) For current Soldiers, the Commander, U.S. Army John F. Kennedy Special Warfare Center, Fort Bragg, NC 28307 5000. (2) For veterans and retirees, Commander, U.S. Army Human Resources Command (AHRC PDP A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122 5408. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017423 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1