IN THE CASE OF: BOARD DATE: 6 September 2023 DOCKET NUMBER: AR20220010915 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 15 June 1970 to show: * Air Medal * Combat Action Commendation Medal * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * 2 x DD Form 149 (Application for Correction of Military Record) * Personal Statement * General Orders Number 1355 and certificate, Air Medal * General Orders Number 2088 and Certificate, Army Commendation Medal * Letter of Commendation * List of medals and badges * Newsletter about forgotten heroes 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 his duty assignment was armored cavalry troop commander of G Troop, 2nd Squadron, 11th Armored Cavalry Regiment (ACR) from August 1968 to December 1968 and civil affairs officer (S-5) in the Vietnamese Village of Tan Binh where his squadron was periodically positioned from December 1968 to 15 June 1969. In both assignments, he conducted numerous dismounted patrols with 10 to 15 men in and around the village, as well as additional patrols in the proximity of their large Blackhorse Base Camp. His patrols engaged the enemy/Vietcon several times resulting in 2 enemy killed in action and one wounded/captured. At the same time, the success of his patrols helped develop trust and loyalty of the villagers and, for which he was awarded the Army Commendation Medal. These actions make him qualified for the Combat Infantryman Badge since these actions were clearly infantry operations. This justifies adding the badge to his DD Form 214. Additionally, neither the Army Commendation Medal nor the Air Medal were added to his DD Form 214 due to what appears to be an administrative oversight by the unit clerk. His understanding is that the Combat Infantryman Badge and the Combat Action Commendation Medal were only awarded to infantry enlisted and officer personnel. However, he believes he was misinformed. These awards are available to any officer or Soldier who engaged in dismounted ground operations. 3. The DOD Awards Manual and Army Regulation 600-8-22 (Military Awards) do not list an award named “Combat Action Commendation Medal.” It is possible the applicant is referring to the Army Commendation Medal. Since he provides and his service record contain orders awarding him the Army Commendation Medal and the Air Medal, both awards will be administratively added without Board action. The Board will only consider the Combat Infantryman Badge. 4. Review of the applicant’s service records shows: He was appointed as a Reserve armor commissioned officer on 31 January 1966. He entered active duty on 10 February 1966. He completed the: * Tank Unit Commander Course, 10 February 1966 * Ranger Course, around 17 July 1966 * Parachutist Course, 3 August 1966 * Armored Reconnaissance Unit Commander Course, 24 October 1968 b. His DA Form 66 (Officer Qualification Record) shows he was promoted to captain in April 1968. He served in Vietnam from 13 July 1968 to 13 May 1969. He was assigned to G Troop, 2nd Squadron, 11th ACR, * Commander (25 August to 15 December 1968) * Assistant S-3 Air (15 to 29 December 1968) * S-3 Air (29 December 1968 to 14 February 1969) * S-5 (15 February to 13 May 1969) c. Headquarters, II Field Force Vietnam published the following General Orders, awarding him the following awards: * General Orders Number 1355, 1 June 1969, Air Medal for achievement from 3 November 1968 to 20 February 1969 * General Orders Number 2088, 20 August 1969, Army Commendation Medal, for service from 18 December 1968 to 31 January 1969 d. He was honorably released from active duty on 15 June 1970. His DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam campaign Medal * Ranger Tab * Parachutist Badge 5. By regulation (AR 600-8-22), there are basically three requirements for award of the Combat Infantryman Badge. * The Soldier must be an infantryman satisfactorily performing infantry duties, * The Soldier must be assigned to an infantry unit during such time as the unit is engaged in active ground combat * The Soldier must actively participate in such ground combat 6. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 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 Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined the applicant’s record is absent any evidence that he was an infantry officer or assigned to an infantry unit during his time in the Republic of Vietnam. The record shows the applicant was assigned to G Troop, 2nd Squadron, 11th ACR. Furthermore, the Board agreed the applicant’s record is absent any supporting documentation he was ever awarded the Combat Infantryman Badge (CIB). Based on governing regulation the applicant did not meet the criteria to be awarded the CIB. Therefore, the Board denied relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X 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): A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 1 June 1970. As a result, amend his DD Form 214 by adding: * Army Commendation Medal * Air Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * 3 bronze service stars with his already-awarded Vietnam Service Medal 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 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 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. Additionally, 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. a. The Combat Infantryman Badge is also awarded to a Soldier assigned as a member of a White Star Mobile Training Team while the team was attached to or working with a unit of regimental or smaller size of Forces Armee du Royaume (FAR) or with irregular- type forces of regimental or smaller size; as a member of Military Assistance Advisory Group-Laos assigned as an advisor to a region or zone of FAR, or while serving with irregular-type forces of regimental or smaller size; or personally under hostile fire while assigned as specified above. b. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. c. U.S. Military Assistance Command, Vietnam (MACV) Directive 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge. Appendix 3 to Annex A of this directive listed advisor positions in MACV which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized. Among these positions, “Senior Advisor, Mobile Advisory Team (includes assistant or deputy)” was listed. d. 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: (1) 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. (2) Assigned as advisor of an irregular force comparable to the above Infantry units under similar conditions. (3) 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. Department of the Army General Orders Number 8, dated 1974, announced award 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. 4. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying Campaign Periods for Service Stars include: * Vietnam Counteroffensive Phase V, 1 July - 1 November 1968 * Vietnam Counteroffensive Phase VI 2 November 1968 - 22 February 1969 * Tet 69/Counteroffensive, 23 February - 8 June 1969 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010915 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1