IN THE CASE OF: BOARD DATE: 30 June 2023 DOCKET NUMBER: AR20220010707 APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Combat Infantryman Badge * Meritorious Unit Commendation APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Department of the Army Lineage and Honors Page for the 40th Signal Battalion * Extract from Army Regulation (AR) 600-8-22 (Military Awards) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, in effect, his company commander told the unit that whoever was trained as an infantryman could receive the Combat Infantryman Badge. 3. The applicant’s requested relief for the Meritorious Unit Commendation is supported by sufficient evidence; as a result, this portion of the requested relief will be addressed in the "ADMINISTRATIVE NOTE(S)" section and will not be considered by the Board or further addressed in the record of proceedings. 4. A review of the applicant's service record reveals the following: a. On 25 October 1965, the Army of the United States inducted the applicant for a 2-year term of obligated active duty service; upon completion of initial entry training and the award of military occupational specialty (MOS) 11C (Indirect Fire Infantryman), orders assigned him to Fort Polk, LA, and, on 8 March 1966, he arrived at his new unit, Company D, 40th Signal Battalion, for duty as a Lineman Helper (MOS 36C). b. Fort Polk Special Orders, dated 2 July 1966, withdrew the applicant primary MOS (PMOS) of 11C and replaced it with PMOS 36C (Lineman). For its authority, the orders cited paragraph 2-32d (2) Army Regulation (AR) 600-200 (Enlisted Personnel Management); (this paragraph directed the redesignation of a Soldier's PMOS when the Soldier had completed training/retraining in a shortage MOS). c. In or around August 1966, the applicant's unit relocated from Fort Polk to Vietnam; the applicant arrived in Vietnam, on 29 August 1966. Effective 20 December 1966, the applicant's leadership promoted him to specialist four (SP4)/E-4 in MOS 36C. On 19 August 1967, the applicant completed his tour in Vietnam, and orders reassigned him to the U.S. Army Personnel Center at Oakland, CA for separation processing. d. On 20 August 1967, the Army honorably released the applicant from active duty, based upon an early release policy, and transferred him to the U.S. Army Reserve to complete his remaining military service obligation. His DD Form 214 shows he completed 1 year, 9 months, and 26 days of his 2-year AUS obligation. (1) Item 22c (Statement of Service – Foreign and/or Sea Service) indicates the applicant served in USARPAC (U.S. Army Pacific Command) for 11 months and 21 days. (2) Item 23a (Specialty Number & Title) reflects MOS 36C20 (Lineman). (3) Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Medals Awarded or Authorized) lists the following: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * One overseas service bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) (4) Item 30 (Remarks) does not list his Vietnam service. e. Headquarters, 40th Signal Battalion (Construction) General Orders, dated 26 August 1967, awarded the applicant the Army Good Conduct Medal (1st Award). f. The applicant's service record is void of orders awarding him the Combat Infantryman Badge; in addition, his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge as one of his authorized awards. 5. The applicant requests the award of the Combat Infantryman Badge. According to the governing regulation in effect at the time (AR 672-5-1 (Awards)), the eligibility criteria for the award of the Combat Infantryman Badge were the following: * The Soldier had to be an infantry Soldier (i.e., holding an 11-series MOS) and be in the grade of colonel or below; additionally, the Soldier had to be satisfactorily performing infantry duties * The Soldier had to be assigned to an infantry unit, brigade-sized or smaller, that was engaged in active ground combat * Battle participation credit alone was insufficient to warrant this award; the unit had to have been in active ground combat with the enemy during the period of the award BOARD DISCUSSION: 1. 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 governing regulation provides that criteria for the award of the Combat Infantryman Badge lists the Soldier has to be an infantry Soldier, assigned to an infantry unit, and engaged in active ground combat with the enemy during the period of the award. Based upon the absence of information showing the applicant met the criteria, the Board agreed there is insufficient evidence of an error or injustice to grant relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. ? 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): 1. AR 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 was to list all decorations, service medals, campaign credits, and badges awarded or authorized. Additionally, a subsequent change, effective January 1970, required the DD Form 214 to show a separating Soldier’s Vietnam service in item 30 (Remarks). 2. AR 600-8-22 (Military Awards), currently in effect, states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States based on their qualifying service in Vietnam after 3 July 1965 through 28 March 1973; a bronze service star will be awarded for wear on the Vietnam Service Medal for the Soldier’s participation in each recognized campaign. Vietnam campaigns include: * Counteroffensive, Phase II (1 July 1966 to 31 May 1967 * Counteroffensive, Phase III (1 June 1967 to 29 January 1968) 3. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) shows: a. Department of the Army General Order (DAGO) Number 73, dated 1968, awarded the Meritorious Unit Commendation to the 40th Signal Battalion for the period 15 September 1966 to 31 July 1967. b. DAGO 36, dated 1970, awarded the Meritorious Unit Commendation to the 40th Signal Battalion (less Company C) for the period 1 August 1967 to 31 December 1968. c. DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam. 4. The evidence of record shows the applicant served in Vietnam, as a member of Company D, 40th Signal Battalion, from 29 August 1966 until 19 August 1967. In addition, General Orders awarded him the Army Good Conduct Medal (1st Award). 5. Based on the foregoing, amend the applicant's DD Forms 214, ending 20 August 1967, as follows: a. Delete the Vietnam Service Medal, then add the Army Good Conduct Medal (1st Award); Vietnam Service Medal with two bronze service stars; Meritorious Unit Commendation (2nd Award); and Republic of Vietnam Gallantry Cross with Palm Unit Citation. b. In Item 30 (Remarks), add the comment: “SERVICE IN VIETNAM FROM 29 AUGUST 1966 TO 19 AUGUST 1967." REFERENCES: 1. Title 10, USC, 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. AR 672-5-1, in effect at the time, stated the eligibility criteria for the award of the Combat Infantryman Badge were the following: * The Soldier had to be an infantry Soldier (i.e., holding an 11-series MOS and in the grade of colonel or below), and the Soldier had to be satisfactorily performing infantry duties * The Soldier had to be assigned to an infantry unit, brigade-sized or smaller, that was engaged in active ground combat * Battle participation credit alone was insufficient to warrant this award; the unit had to have been in active ground combat with the enemy during the period of the award //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010707 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1