IN THE CASE OF: BOARD DATE: 22 August 2022 DOCKET NUMBER: AR20220001750 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period ending on 13 March 1972 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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, in effect, he was with the 3rd Battalion, 22nd Infantry 25th Infantry Division, in the field, providing fire support in combat areas and should be awarded the CIB. 3. The applicant provides a copy of his DD Form 214 for the period ending on 13 March 1972. 4. A review of the applicant’s service record shows: a. On 14 August 1969, he enlisted in the Regular Army with a military occupational specialty of 09B00. b. DA Form 20 (Enlisted Qualification Record) shows in: * Item 22 (Military Occupational Specialties (MOS): Primary MOS 11B40 (Light Weapons Infantryman) – Squad Leader * item 31 (Foreign Service) :17 May 1970 through 16 May 1971 – U.S. Army Pacific (USARPAC) – Vietnam * Item 38 (Record of Assignments): he was assigned to Headquarters and Headquarters Command, 3rd Battalion, 22nd Infantry, 25th Infantry Division- USARPAC from 30 May 1970 to 10 April 1971 * Item 41 (Awards and Decorations): National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Vietnam Campaign Medal (VCM) with 1960 Device, two overseas service bars, and an Army Commendation Medal (ARCOM) c. DD Form 214 shows he was honorably released from active duty and transferred to the USAR. He completed 2 years and 7 months, with 1 year, 9 months, and 23 days of foreign service and/or sea service. It also shows in: * Item 23a (Specialty Number and Title): “64C30 – 18OCT71” (Truck Master) * Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * NDSM * VSM * ARCOM * Army Good Conduct Medal * Two overseas service bars * It does not contain the award of the CIB d. There is no evidence in the record and the applicant provides none (such as orders, certificate, diploma, etc.) that shows he was awarded the CIB. 5. The applicant is entitled to additional awards not listed on his DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the regulatory guidance for awarding the CIB and the lack of evidence available showing the applicant actively participated in combat with an enemy force, the Board concluded there was insufficient evidence of an error or injustice which would warrant awarding and adding the CIB to the applicant’s DD Form 214. 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: 1. 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. 2. Prior to closing the case, the Board did note the administrative notes below from the analyst of record and recommended those changes be made to more accurately reflect the military service of the applicant. 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: A review of the applicant’s records shows he is authorized additional awards not listed on his DD Form 214. As a result, amend his DD Form 214 by: a. Deleting the VSM; and b. Adding the following awards: * VSM with two bronze service stars * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * VCM with 1960 Device REFERENCES: 1. Title 10, United States 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. 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 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. 3. Army Regulation 600-8-22 (Military Awards) states: a. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. b. The VSM 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. A bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns: * DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970) * Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971) 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that 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. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. 5. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001750 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1