IN THE CASE OF: BOARD DATE: 9 March 2023 DOCKET NUMBER: AR20220007933 APPLICANT REQUESTS: correction to his record to show he was authorized and awarded the Combat Infantryman Badge (CIB) and the Air Medal (AM). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Partial DA Form 20 (Enlisted Qualification Record) 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 was awarded the CIB, but it is not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 2 December 1971. In addition, he also believes he should have been awarded an AM. He was in an Infantry military occupational specialty (MOS) in Vietnam with over 70 helicopter combat missions. 3. The applicant provides a partial copy of his DA Form 20. 4. A review of the applicant’s service record shows: a. DA Form 47 (Record of Induction) which reflects he was inducted into the Army of the United States on 9 October 1969. b. DA Form 20 reflects the following information: * Item 22 (MOS): 11B (Light Weapons Infantryman) * Item 31 (Foreign Service): he served in Vietnam from 22 October 1970 to 21 October 1971 * Item 38 (Record of Assignments): He was assigned to the: o 23rd Admin Replenishment Detachment, U.S. Army Reserve Pacific (USARPAC) from 3 October 1970 to 9 November 1970 o Company D, 1st Battalion, 20th Infantry, 11th Brigade, USARPAC, from 10 November 1970 to 8 June 1971 o Company E, 1st Battalion, 20th Infantry from 9 June 1971 to 17 October 1971 * Item 41 (Awards and Decorations): o National Defense Service Medal (NDSM) o Vietnam Service Medal (VSM) o CIB (Special Orders Number 50) o Republic of Vietnam Campaign Medal with 1960 Device (VCM) o Army Commendation Medal (ARCOM) o Bronze Service Medal (BSM) c. His DD Form 214 shows he was honorably transferred to the U.S. Army Reserve on 2 December 1971. He completed 1 year, 6 months, and 14 days of net active service this period and 1 year of foreign service in USARPAC. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) reflects the following awards: * NDSM * VCM * VSM with one bronze service star * ARCOM * BSM d. ADCARS does not reflect he was awarded an AM. e. His record does not reflect any orders for the CIB. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The Board found the entry for the CIB on the applicant’s DA Form 20 sufficient to confirm he was awarded the badge. The Board determined the CIB should be added to his DD Form 214. 3. The Board found no evidence indicating the applicant was recommended for or awarded the AM. The Board determined the available evidence is insufficient as a basis for awarding him this medal. 4. The Board concurred with the corrections described in Administrative Note(s) below. 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: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the Combat Infantryman Badge and to make the corrections described in Administrative Note(s) below. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Air Medal. 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. ADMINSTRATIVE NOTE(S) Administratively correct the applicant’s DD Form 214 for the period ending on 2 December 1971 by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars with the 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 672-5-1 (Decorations and Awards) states the primary purpose of the awards program is to provide tangible evidence of public recognition for acts of valor and for exceptional service or achievement. The Air Medal, established by Executive Order on 11 May 1942, is awarded to any person who, while serving in any capacity in or with the Army of the United States, has distinguished himself or herself by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of merit or sustained operational activities against an armed enemy. The required achievement, while of lesser degree than that. required for the award of the Distinguished-Flying Cross, must nevertheless have been accomplished with distinction above and beyond that normally expected. 3. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. 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. 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) AR20220007933 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1