IN THE CASE OF: BOARD DATE: 14 April 2023 DOCKET NUMBER: AR20220008166 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 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 United States Report of Transfer or Discharge) * General Orders Number 3980, Army Commendation Medal with V Device 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 Combat Infantryman Badge in Vietnam for actions. 3. The applicant’s service records are not available for review. An exhaustive search was conducted to locate his service records which are necessary in the processing of his case. Unfortunately, they could not be found. However, the applicant provides a DD Form 214 which is sufficient to conduct a fair and impartial review of his case. 4. The applicant’s DD Form 214 shows he was inducted into the Army of the United States on 21 April 1970. He held military occupational specialty 11B, Light Weapons Infantryman. 5. He served in Vietnam from 22 September 1970 to 21 September 1971, through 2 campaigns (Vietnam Counteroffensive, Phase VII, 1 July 1970—30 June 1971 and Consolidation I, 1 July 1971—30 November 1971). According to his award of the Army Commendation Medal with V Device, he was assigned to Company A, 1st Battalion, 46th Infantry, 23rd Infantry (Americal) Division. 6. General Orders Number 3980, issued by Headquarters, 23rd Infantry Division, on 6 April 1971, awarded him the Army Commendation Medal with V Device. The citation reads: For heroism in connection with military operations against a hostile force in the Republic of Vietnam. [Applicant] distinguished himself by valorous actions on 28 January 1971 while serving as an Assistant Gunner with Company A, 1st Battalion, 46th Infantry. On that date while on a search and clear mission in Tien Phuoc District, the friendly element came under intense fire from an unknown size hostile force, sustaining several friendly casualties. [Applicant] immediately moved forward with the gunner and unleashed devastating volumes of suppressive fire on key hostile locations. With complete disregard for his personal safety, he left his position and maneuvered through the hail of enemy rounds to the site of a wounded man, administered first aid and move the man to a relatively secure position. [Applicant’s] personal heroism and devotion to duty are in keeping with the highest traditions of the military service and reflect great credit upon himself, the 23rd Infantry Division, and the United States Army. 7. The applicant was honorably released from active duty on 14 December 1971. His DD Form 214 show she completed 1 year, 7 months, and 24 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal with 1 bronze service star * Republic of Vietnam Campaign Medal * Sharpshooter Marksmanship badge with Rifle Bar, M-16 * Army Commendation Medal with V Device 8. His available records do not contain, and he does not provide special orders that show he was awarded the Combat Infantryman Badge. 9. By regulation (AR 600-8-22 - Military Awards), there 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; and the Soldier must actively participate in such ground combat 10. Also by regulation (DA Pam 672-3), the 1st Battalion, 46th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March 1971 to 9 October 1971 by DA General Orders Number 6, dated 1974. 11. He qualifies for 2 bronze service stars with the Vietnam Service Medal. 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. Although the applicant’s service records are not available, he provides a general order that awarded him the Army Commendation Medal with V Device, for valorous actions on 28 January 1971 while serving as an Assistant Gunner with Company A, 1st Battalion, 46th Infantry. The citation states “applicant moved forward with the gunner and unleashed devastating volumes of suppressive fire on key hostile locations. With complete disregard for his personal safety, he left his position and maneuvered through the hail of enemy rounds to the site of a wounded man, administered first aid and move the man to a relatively secure position.” He clearly meets the criteria for award of the Combat Infantryman Badge. b. Also, based on his service in Vietnam from 22 September 1970 to 21 September 1971, through 2 campaigns, he qualifies for 2 bronze service stars with the Vietnam Service Medal. The Board also determined he meets the criteria for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. ? 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 for engaging the enemy on 28 January 1971 in Vietnam * adding to his DD Form 214 the Combat Infantryman Badge, 2 bronze service stars with the Vietnam Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 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. 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) provides for award of the Combat Infantryman Badge. 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, in effect, 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. U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated: a. The 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/military occupational specialty 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. b. Appendix V of 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. 4. Department of the Army Pamphlet 672-3, Unit Citations Campaign Participation Credit Register, shows [during the applicant’s service with the 1st Battalion, 46th Infantry from 22 September 1970 to 21 September 1971] this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March 1971 to 9 October 1971 by DA general Orders Number 6, dated 1974. 5. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. Approved campaigns include: * Vietnam Counteroffensive, Phase VII, 1 July 1970—30 June 1971 * Consolidation I, 1 July 1971—30 November 1971 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008166 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1