IN THE CASE OF: BOARD DATE: 25 April 2023 DOCKET NUMBER: AR20220009715 APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 10 June 2022 * DD Form 214, 25 February 1971 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 served in Vietnam from 1 September 1969 through 31 August 1970. He received a Bronze Star, Purple Heart, and Air Medal and believes he should have been awarded a Combat Infantryman Badge. 3. A review of the applicant's record and Army regulations shows the applicant is eligible 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 enlisted in the regular Army on 20 February 1969. His DD Form 214 shows he held military occupational specialty 11B, Light Weapons Infantryman. 5. The applicant's DA Form 20 contains the following information: a. Item 31 (Foreign Service) shows service in the Republic of Vietnam from 1 September 1969 to 31 August 1970. b. Item 38 (Record of Assignments) shows he was assigned to the following units/locations: (1) Headquarters and Headquarters Company, 1st Battalion, 501st Infantry, Vietnam (12 September 1969 to 4 October 1969), and (2) Company C, 1st Battalion (AMBL), 501st Infantry, Vietnam (5 October 1969 to 27 August 1970). c. Item 40 (Wounds) shows he suffered multiple fragment wounds to his buttocks on 1 November 1969. d. Item 41 (Awards and Decorations) does not list the Combat Infantryman Badge. e. Item 44 (Time Lost) shows 6 days lost time from 4 April 1969 to 9 April 1969 for absence without leave. 6. The applicant was honorably released from active duty on 25 February 1971. His service was characterized as Honorable. He completed 2 years of active service with lost time from 4 April 1969 to 9 April 1969. Block 24 of his DD Form 214 lists the following awards: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * Purple Heart * Air Medal * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar * 2d Class Gunner Badge (M-60 machine gun) 7. The applicant did not provide nor do his records contains evidence he was awarded the Combat Infantryman Badge. 8. 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: 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. The evidence of record shows the applicant held an infantry MOS and was assigned to an infantry unit in Vietnam. He suffered multiple fragment wounds to his buttocks on 1 November 1969. The Board determined his injury was most likely sustained during combat operations while performing his infantry duties with his infantry unit. As a result, the Board determined he meets the criteria for award of the Combat Infantryman Badge and correction of his DD Form 214 to show it. 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 1 November 1969 in Vietnam * adding award of the Combat Infantryman Badge 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): make the following administrative corrections to block 24 of the applicant's DD Form 214: a. delete the Vietnam Service Medal with 2 bronze stars, and b. add the -Vietnam Service Medal with 4 bronze service stars and Republic of Vietnam Actions Honor Medal, First Class 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 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 8-6 states, award of the Combat Infantryman requires three requirements: 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. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy. b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, the applicant participated in the following campaigns: * Vietnam Summer - Fall 1969, 9 June 1969—31 October 1969 * Vietnam Winter - Spring 1970, 1 November 1969—30 April 1970 * DA Sanctuary Counteroffensive, 1 May 1969—30 June 1970 * Vietnam Counteroffensive, Phase VII, 1 July 1970—30 June 1971 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows 1st Battalion, 501st Infantry was cited for the following unit award: a. Department of the Army General Orders (DAGO) Number 48, dated 1971, awarded the Republic of Vietnam Actions Honor Medal, First Class for the period 18 March 1968 to 2 May 1970. 5. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009715 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1