IN THE CASE OF: BOARD DATE: 16 February 2023 DOCKET NUMBER: AR20220007870 APPLICANT REQUESTS: award of the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders (GO) Number 52, Headquarters, 24th Evacuation Hospital, 11 March 1968 * DA Form 8-118 (Medical Board Proceedings), 6 May 1969 * Standard Form (SF) 502 (Narrative Summary), undated * AGPZ Form 44 (Extract of Special Orders-Physical Disability Retirement-Enlisted Personnel), 1 July 1969 * AGPZ Form 977 (Data for Retired Pay), 1 July 1969 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 8 July 1969 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 should have been awarded a Combat Infantryman Badge. He received a Purple Heart when he was injured while serving in Vietnam in Military Occupational Specialty (MOS) 11B20 (Light Weapon Infantryman). After he was injured, his MOS changed to 76Y30 (Unit Supply Specialist). 3. A review of the applicant's record and Army regulations shows he meets the regulatory criteria for additional awards not currently listed on his DD Form 214. These awards will be addressed through an administrative correction without action by the Board. 4. The applicant was inducted into the Army of the United States on 26 July 1967. 5. Special Orders (SO) Number 263, United States Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, dated 20 September 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 6. SO Number 276, Headquarters Fort Polk, LA, dated 25 October 1967 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 7. SO Number 294, Headquarters Fort Polk, LA 13, dated November 1967 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-60). 8. GO Number 52, dated 11 March 1968 awarded him the Purple Heart for injury as a result of hostile action in the Republic of Vietnam on 9 March 1968. 9. His DA Form 20 (Enlisted Qualification Record) last updated on 22 June 1968 shows he received all excellent conduct and efficiency ratings and contains the following information: a. Item 31 (Foreign Service) shows service in United States Army Pacific Command (USARPAC) – Republic of Vietnam from 4 January to 22 March 1968. b. Item 38 (Record of Assignments) shows, during his service in USARPAC – Republic of Vietnam, he was assigned to Company B, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division from 14 January 1968 to 23 March 1968. c. Item 41 (Awards and Decorations) does not list the Combat Infantryman Badge. 10. SO Number 256, Department of the Army Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO, dated 12 September 1968 awarded him primary MOS P76Y30 (Unit Supply Specialist). 11. A DA Form 8-118 and an SF 502 show, after his arrival in the Republic of Vietnam on 4 January 1968 he sustained multiple fragment wounds of the right hand, wrist, forearm, and right thigh when a rocket exploded near him on 9 March 1968. He was hospitalized in the Republic of Vietnam and then evacuated to Lyster Army Hospital, Fort Rucker, AL where he was hospitalized from 25 March to 13 June 1968. On 23 June 1968, he reported for duty on Fort Carson. His initial MOS was 11B20 (Light Weapon Infantryman); this was changed to MOS 76Y30 (Unit Supply Specialist) after his injuries. 12. Two AGPZ Forms 44 and 977, dated 1 July 1969 contain data used for the computation of his disability retirement pay. 13. The applicant was honorably retired from active duty with a 60 percent permanent disability retirement on 8 July 1969. His DD Form 214 shows 1 year, 11 months, 13 days of net service and 2 months, 19 days of foreign service in the Republic of Vietnam. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with device 1960 * Purple Heart 14. There is no evidence in his records of any court-martial convictions, personnel actions, statements, or a commander’s disqualification that would have precluded him from receiving the initial award of the Army Good Conduct Medal. 15. There is no documentation in the applicant's record to show he was recommended for or awarded the Combat Infantryman Badge. 16. Regulatory guidance 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. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The applicant was serving in an infantry MOS in an infantry unit when he was wounded as a result of hostile action. The Board found this evidence sufficient to confirm he met the criteria for the Combat Infantryman Badge. The Board determined he should be awarded the badge and it should be added to his DD Form 214. 3. The Board also found the applicant’s record confirms he met the criteria for award of the Army Good Conduct Medal. The Board determined he should be awarded this medal and it should be added to his DD Form 214. 4. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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 effective 9 March 1968 * Awarding him the Army Good Conduct Medal (1st Award) for the period 26 July 1967 through 8 July 1969 * Adding the Combat Infantryman Badge and Army Good Conduct Medal (1st Award) to his DD Form 214 * Making 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 decorations that were not listed on his DD Form 214. Please correct the DD Form 214 by adding: * Two bronze service stars with the Vietnam Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 2-14 (Vietnam Service Medal) provides, in part, 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 four campaigns: * Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) * Tet Counteroffensive (30 January 1968 to 1 April 1968) b. Paragraph 8-6 (Combat Infantryman Badge) provides, in part, a Soldier must meet the following three requirements to be eligible for award of the Combat Infantryman Badge: be an Army infantry officer in the grade of Colonel/O–6 or below, or an Army enlisted Soldier or warrant officer with an infantry MOS satisfactorily performing infantry duties; be assigned to an infantry unit of either a brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat; campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units during the Vietnam era. It shows Company B, 4th Battalion, 47th Infantry, 9th Infantry Division was awarded the: * Meritorious Unit Commendation for the period 1 September 1967 to 31 October 1968 by Department of the Army General Order (DAGO) 37, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by DAGO 31, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO 59, dated 1969 ///NOTHING FOLLOWS/// ABCMR Record of Proceedings (cont) AR20220006098 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1