IN THE CASE OF: BOARD DATE: 22 March 2023 DOCKET NUMBER: AR20220010161 APPLICANT REQUESTS: reconsideration of his previous request for award of the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: VA Form 21-4138 (Department of Veteran Affairs: Statement in Support of Claim), 27 June 2022 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20200005822 on 11 January 2021. 2. The applicant provides a new argument which was not previously considered by the Board. The applicant states he wishes to appeal the denial of his previous request. In support of his appeal, he notes the following: * his military occupational specialty (MOS) in Vietnam was Infantryman * he was wounded in action against the enemy while serving in his MOS * he was medically evacuated, for his wounds received in action, to a military evacuation hospital in Vietnam and them triaged out of Vietnam due to the severity of his injuries. * review of the Combat Infantryman Badge Criteria indicates that the award is appropriate based on his circumstances. 4. The applicant was inducted into the Army of the United States on 20 August 1967. His DA Form 20 (Enlisted Qualification Record) 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 8 February 1968 to 5 June 1968. b. Item 38 (Record of Assignments) shows he received excellent conduct and efficiency ratings while assigned to the following units/locations: (1) Company E, 4th Battalion, 12th Infantry, 199th Infantry Brigade, Vietnam (19 February 1968 to 4 Mar 1968) (2) Company B, 4th Battalion, 12th Infantry, 199th Infantry Brigade, Vietnam (5 March 1968 to 7 May 1968) (3) 93rd Evacuation Hospital, in a patient status on 8 May 1968. (4) 7th Field Hospital, in a patient status on 16 May 1968. c. Item 40 (Wounds) shows, during his service in Vietnam, he sustained shrapnel wounds to his waist and legs on 8 May 1968. d. Item 41 (Awards and Decorations) does not Combat Infantryman Badge. 6. His record contains a Western Union telegram dated 17 May 1968 that shows he was slightly wounded in Vietnam on 8 May 1968 as a result of hostile action. He was on a combat operation when hit my fragments from a hostile rocket. He was treated and hospitalized in Vietnam. 7. The applicant was honorably released from active duty on 26 May 1969. His DD Form 214 shows he completed 1 year, 9 months, and 17 days of active service, with 3 months and 28 days of foreign service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Vietnam Service Medal with device (1960) * Purple Heart * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 8. The applicant did not provide nor do his records contains evidence he was awarded the Combat Infantryman Badge. 9. The ABCMR considered the applicant's request for award of the Combat Infantryman Badge and other awards in ABCMR Docket Number AR20200005822, on 11 January 2021. A letter dated 18 October 2021 shows the ABCMR notified the applicant that partial relief to his request was granted but denied awarding him the Combat Infantryman Badge. At the time, the Board did not find sufficient evidence in the available records to confirm that the applicant was engaged in active ground combat when he was wounded that met the intent of the criteria for the Combat Infantryman badge as described in the governing regulation. In the absence of additional documentation, such as orders announcing award of the Combat Infantryman Badge to him, the Board determined the badge should not be added to his DD Form 214. 10. On 24 February 2022, he was issued a DD Form 215 (Correction to DD Form 214) that added the: * Valorous Unit Award * Army Good Conduct Medal * 2 bronze service stars with the Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 11. 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 Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records Board determined the applicant met the criteria and found evidence in the record that show the applicant served as 11B, Light Weapons Infantryman and was assigned to two different infantry units, Company E, 4th Battalion, 12th Infantry, 199th Infantry Brigade, Vietnam (19 February 1968 to 4 Mar 1968) and Company B, 4th Battalion, 12th Infantry, 199th Infantry Brigade, Vietnam (5 March 1968 to 7 May 1968). Evidence shows the applicant was wounded while on a combat operation when hit my fragments from a hostile rocket. Based on governing regulation the applicant met the criteria to be awarded the Combat Infantryman Badge (CIB). As such, the Board granted relief. 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 adding in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Combat Infantryman Badge (CIB). 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. Army Regulation 600-8-22 (Military Awards) 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. 2. 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) AR20220010161 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1