IN THE CASE OF: BOARD DATE: 28 June 2023 DOCKET NUMBER: AR20230000283 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) * Bronze Star Medal certificate, June 1967 to June 1968 * Bronze Star Medal citation, undated * Air Medal certificate, June 1967 to May 1968 * Air Medal citation, June 1967 to May 1968 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 11 June 1968 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. A review of the applicant's record and Army regulations shows he meets the criteria 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. 3. The applicant states, in effect, he is entitled to award of the Combat Infantryman Badge base on his service as a in Vietnam as an Infantryman (11B). 4. The applicant was inducted into the Army of the United States on 26 July 1966. 5. His DA Form 20 (Enlisted Qualification Record) shows he received all excellent conduct and efficiency ratings and contains the following information: a. Items 31 (Foreign Service) and 38 (Record of Assignments) show he served in Vietnam from 14 June 1967 to 8 June 1968, and during this period, he was assigned to the following units: * Aerial Equipment Support Company, 15th Supply and Service Battalion, 1st Cavalry Division (Airmobile) from 18 June 1967 to 17 December 1967 * Headquarters and Headquarters Company, 1st Cavalry Division (Airmobile) from 18 December 1967 to 2 January 1968 * Company E, 52d Infantry Regiment, 1st Cavalry Division (Airmobile) from 3 January 1968 to 8 June 1968 b. Item 41 (Awards and Decorations) does not list the Combat Infantryman Badge. 6. Special Orders (SO) Number 72, Headquarters 1st Cavalry Division (Airmobile), APO, San Francisco, dated 12 March 1968 awarded him the secondary military occupational specialty (MOS) 11B4O (Light Weapon Infantryman). 7. Special Orders (SO) Number 91, Headquarters 1st Cavalry Division (Airmobile), APO, San Francisco, dated 31 March 1968 changed his primary MOS from 57H4O (Cargo Handler) to 11B4O (Light Weapon Infantryman). 8. He provides: a. A certificate and citation reflecting award of the Air Medal on 6 May 1968 for meritorious achievement while participating in aerial flight in the Republic of Vietnam from June 1967 to May 1968. b. A certificate and citation reflecting award of the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from June 1967 to June 1968. 9. He was honorably released from active duty on 11 June 1968 after completing 1 year, 10 months, and 16 days of total active service with 11 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 list the following awards: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * BXM (incorrect acronym for the Bronze Star Medal (BSM)) * Air Medal * two overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 10. There is no evidence in his records of any court-martial convictions, personnel actions, statements, or a commander’s disqualification that would have precluded him from receiving the initial award of the Army Good Conduct Medal. 11. There is no documentation in the applicant's record to show he was recommended for or awarded the Combat Infantryman Badge. 12. Regulatory guidance states there are three basic 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: 1. 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 regulations. One potential outcome was to deny relief based on insufficient evidence to support ground combat for the award. However, upon review of the applicant’s petition and available military records the Board determined the applicant was assigned to two infantry units while in station in the Republic of Vietnam and the citation for his Bronze Star Medal clearly states the ground combat during the period of his time as an Infantryman. The Board agreed, the applicant met the regulatory guidance for award of the combat infantryman badge. 2. Furthermore, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 11 June 1966 to11 June 1968. Based on this the Board determined relief was warranted and granted relief for correction of the applicant’s record to show award of the Army Good Conduct Medal and the Combat Infantryman Badge. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : :X 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 amending the applicant’s DD Form 214 for the period ending 11 June 1968 by adding: * in item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Combat Infantryman Badge (CIB) and * awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 11 June 1966 to11 June 1968 and adding the medal to his DD Form 214 for the period ending 11 June 1968. 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): A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 11 June 1968. As a result, amend his DD Form 214 by a. delete the Vietnam Service Medal and BXM, and b. add the - * Vietnam Service Medal with three bronze service stars * Bronze Star Medal * Meritorious Unit Citation (3rd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 2-14 (Vietnam Service Medal) provides, in part, a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) * Tet Counteroffensive (30 January 1968 to 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968) b. Paragraph 8-6 (Combat Infantryman Badge) provides, in part, a Soldier must meet the following three requirements to be eligible for award of the Combat Infantryman Badge: be an Army infantry officer in the grade of Colonel/O–6 or below, or an Army enlisted Soldier or warrant officer with an infantry MOS satisfactorily performing infantry duties; be assigned to an infantry unit of either a brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat; campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. 3. 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units during the Vietnam era. It shows: a. Aerial Equipment Support Company, 15th Supply and Service Battalion, 1st Cavalry Division (Airmobile) was awarded the Meritorious Unit Citation for the period 1 June 1967 to 31 May 1968 by DAGO 28, dated 1969. b. Headquarters and Headquarters Company, 1st Cavalry Division (Airmobile) was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by DAGO 59, dated 1969 * Meritorious Unit Citation for the period 1 December 1965 to 31 August 1967 by Department of the Army General Order (DAGO) 10, dated 1968 * Meritorious Unit Citation for the period 1 September 1967 to 31 October 1968 by DAGO 37, dated 1970 c. Company E, 52d Infantry Regiment, 1st Cavalry Division (Airmobile) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 December 1967 to 31 January 1969 by DAGO 53, dated 1970 amended DAGO 59, dated 1969 d. The pamphlet states not more than one RVN Gallantry Cross with Palm Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military personnel and historical records will indicate all awards received. ///NOTHING FOLLOWS/// ABCMR Record of Proceedings (cont) AR20230000283 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1