IN THE CASE OF: BOARD DATE: 14 March 2023 DOCKET NUMBER: AR20220007964 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) * DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) 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 wounded on 22 December 1969, in connection with military operations against a hostile force in Vietnam. He received the Purple Heart; however, a Combat Infantryman Badge was not awarded. 3. The applicant was inducted into the Army of the United States on 23 October 1968. His records show he completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). The highest rank/grade he attained while serving on active duty was staff sergeant/E-6. 4. The applicant's DD Form 214 shows he served in the Republic of Vietnam from 11 November 1969 to 24 July 1970. 5. On 24 July 1970, he was honorably released from active duty after completing 1 year, 9 months, and 2 days of total active service with 8 months and 14 days of foreign service. The DD Form 214 he was issued does not include the Combat Infantryman Badge in the list of awards listed in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). The DD Form 214 lists the following awards: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal * Purple Heart * Republic of Vietnam Campaign Medal * 2 Overseas Bars 6. The applicant's DA Form 20 (Enlisted Qualification Record), Item 38 (Record of Assignments), shows he performed duties in MOS 11B as a team leader with: * Company D, 2nd Battalion, 16th Infantry, 1st Infantry Division, from 21 November to 30 November 1969; * Headquarters and Headquarters Company, 1st Battalion (Mechanized), 16th Infantry, 1st Infantry Division from 1 December 1969 to 9 March 1970; * Company A, 1st Battalion, 16th Infantry, 1st Infantry Division from 10 March to 21 March 1970; * Headquarters and Headquarters Company, 815th Engineer Battalion from 22 March 1970 to 5 June 1970; and * 20th Engineer Battalion (Combat) from 6 June 1970 to 20 July 1970 7. Item 38 of his DA Form 20 further shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments. 8. There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal; however, neither is there evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice. 9. Item 40 (Wounds) of the DA Form 20 contains an entry that indicates the applicant received a fragment wound to his left arm on 22 December 1969. Additionally, his name is included on the Vietnam casualty roster as having been wounded in action against a hostile force by a grenade. 10. The Combat Infantryman Badge is not included in the list of awards contained in item 41 (Awards and Decorations) of his DA Form 20 and the applicant's Military Personnel Records Jacket is void of orders or any other documents which indicate he was recommended for or awarded the Combat Infantryman Badge during his active duty tenure. 11. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The CIB is awarded to infantry Soldiers who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and they must have been present with their qualifying infantry unit and participated actively in such ground combat. The evidence shows the applicant held an infantry MOS and was assigned to an infantry unit in Vietnam. The evidence also shows he was awarded the Purple Heart for a fragment wound to his left arm on 22 December 1969. It is reasonable to presume that he was injured while engaging the enemy in Vietnam, that he was present with his qualifying infantry unit and that he actively participated in such ground combat, and therefore, qualifies for award of the CIB. b. As a related award, although the applicant did not specifically ask for the Army Good Conduct Medal, the Board addressed it and determined he meets the criteria for this award. The evidence shows the applicant served honorably on active duty from 23 October 1968 to 24 July 1970. He was honorably released from active duty after completing 1 year, 9 months, and 2 days of total active. The applicant's record shows he had all excellent conduct and efficiency ratings, and he received an honorable characterization of service. Additionally, his record does not contain evidence of convictions by a court-martial or a commander's statement of disqualification. Based on the evidence, the Board determined he should be awarded the Army Good Conduct Medal (1st Award). 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, in addition to the corrections addressed in Administrative Note(s) below, by: * awarding him the Combat Infantryman Badge for being actively engaged in ground combat with the enemy on 22 December 1969 in Vietnam * awarding him the Army Good Conduct Medal (1st Award) for service during the period 23 October 1968 through 24 July 1970 * adding award of the Combat Infantryman Badge and the Army Good Conduct Medal (1st Award) to his DD Form 214 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 following orders and regulatory cites are sufficient to make the following administrative corrections to the applicant's DD Form 214 for the period ending on 24 July 1970 without action by the Board: * Special Orders (SO) 21, issued by Headquarters (HQ), U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO on 21 January 1969, awarded him the First Class Marksmanship Qualification Badge with Grenade Bar * SO 55, issued by HQ, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA on 24 February 1969, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar * Department of the Army General Order (DAGO) Number 8, dated 1974, awarded his unit the Republic of Vietnam Gallantry Cross, Palm Unit Citation * DAGO Number 53, dated 1970, awarded him the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation-12 July 65-7 Apr 70 * DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) paragraph 8a (12,13,14) Delete the Vietnam Service Medal and Republic of Vietnam Campaign Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), and add the following awards: * First Class Marksmanship Qualification Badge with Grenade Bar * Expert Marksmanship Qualification Badge with Machine Gun Bar * Republic of Vietnam Gallantry Cross, Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) 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: a. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) 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. b. The Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 3. U.S. Army Vietnam Regulation 672-1 also stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat." This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 4. 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. There must have been no convictions by a court-martial. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows DAGO Number 8, dated 1974, awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 6. Department of the Army Pamphlet 672-3 shows that during his assignment to 2nd Battalion, 16th Infantry, his unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 by DAGO Number 53, dated 1970. 7. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following three campaigns: * Vietnam Winter-Spring (1 November 1969-30 April 1970) * DA Sanctuary Counteroffensive (1 May 1970-30 June 1970) * Vietnam Counteroffensive, Phase VII (1 July 1970-30 June 1971) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007964 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1