IN THE CASE OF: BOARD DATE: 30 August 2023 DOCKET NUMBER: AR20230000402 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his dates of service in Vietnam * award of the Combat Infantryman Badge and Presidential Unit Citation APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statement * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Page 2 of a 4-page DA Form 20 (Enlisted Qualification Record) 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 in Vietnam in country, serving from 11/1966 - 11/1967. There was no paperwork for me when he arrived. The paperwork was generated 3 months after he arrived. He was not paid for the first 3 months while in country. There is no listing of the Combat Infantry Badge for being assigned to 11 Bravo Company, which was infantry. He engaged in combat within the first 3 months and had to protect the compound from a night attack later in service. There is also no mention of the Presidential Commendation (Citation) for his assigned unit during his service with that unit. This has been bothering him for over 50 years. He wants his children to be proud of all his service that is on file with the military. He also adds in a statement: a. He is a disabled Vietnam veteran. He joined the U.S. Army November 1965. He finished basic training and advanced individual training at Fort Carson, CO. He was shipped to Fort Riley, KS in 1966. There, the 1st Division and the 9th Division were getting ready to be shipped out by ship USNS Geiger to Vietnam. So, he was assigned to the 9th Division. According to Wikipedia, the 9th Division was reactivated in February 1966 and arrived in Vietnam 16 December 1966. The History of Fort Riley and the 1st Infantry Division also supports what should be my correct service timeline. They got on an Army train. They rode it across country all the way to Oakland, CA. Then, they were on the USNS Geiger until it arrived in Vietnam. The ship arrived sometime in late November 1966 at Vung Tau. From there he went to Bear Cat or Bien Hoa. According to Naval History and Heritage Command, the USNS Geiger resumed transporting troops to Vietnam in late 1966. b. After a week or two, he was one of the soldiers on two trucks that were trucked to Nui-Dat. It was an artillery base camp, 1/83, 1st Division. As they got off the truck and formed in the front of the HHC (Headquarters and Headquarters Company), they were told by the captain and his 1st Sergeant to forget their MOS because they are now 11 Bravo, infantry; “personnel records are being changed as we speak. You will do all duties of infantry personnel. You will protect the compound with your life which we did.” For that whole year that he was there, he went on patrol with the rest of the infantry. He did his duties as he was told. They protected the compound when it was attacked. He did not belong to any artillery batteries. He belonged to HHC. He was attached to the 1st Division even though he belonged to the 9th Division. Like he said, he was attached to the 1st Division. c. He offered his life. He was willing and able to sacrifice himself for this country. But he was lied to. He did not receive the Combat Infantry Badge (CIB) that he believes he earned. This has been bothering him for over 50 years. The reason he is asking is that his children want the information on his military service record. He also needs a DD Form 214 with the certificate of my accomplishment and all other related awards he did not receive. Of the paperwork he has attached, one will see that the dates of his service are wrong and need correcting. This should lead to locating commendations and awards he is due. He needs closure for himself and his family. * Foreign Service Dates of 12 Jan 67 to 11 Jan 68 is contradicted by #33 Appointments and Demotions lines 3 and 4. * He was promoted to PFC in Vietnam when he was attached to HHC "10 May 66, Authority U0#l0 HHB 6th21stArty 1966" Also, #33 line 4 shows that he was promoted to SP4 while in Vietnam: "25 Nov 67, S0#315HQ54thArtyGp 1967" * There is mention of a commendation for the 54th Artillery Group that may have occurred while he was assigned to the unit which he did not receive. 3. The applicant’s service record are not available for review. An exhaustive search was conducted to locate his records which are necessary for the adjudication of his case, but 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 and entered active duty on 4 November 1965. He held military occupational specialty (MOS) 36K, Field Wireman. 5. He served in the U.S. Army Pacific and/or Vietnam for 1 year; however, his exact dates of service are unknown. 6. The one page of a 4-page DA Form 20 he provides, lists service in Vietnam from 12 January 1967 to 11 January 1968; however, this page of the DA Form 20 does not identify the applicant’s name, service number or social security number. Additionally, this page shows the person whom this page of the DA Form 20 belongs to: * was promoted to the permanent rank/grade of private first class (PFC)/E-3 on 10 May 1966 by authority of Unit Order Number 10, issued by Headquarters and Headquarters Battery, 6th Battalion, 21st Artillery Regiment * was promoted to the temporary grade of specialist four (SP4)/E-4 on 25 November 1967 by authority of Special Orders 31, issued by Headquarters, 54th Artillery Group in 1967 7. The applicant was honorably released from active duty on 1 November 1968 after completing 2 years, 11 months, and 28 days of active service with 1 year of foreign service. It also shows his rank/grade as SP4/E-4 with a date of rank as 25 November 1967. His DD Form 214 shows he was awarded or authorized: a. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal * Expert Badge with Rifle Bar, M-14 * 2 overseas service bars b. Block 30 (Remarks) lists his Blood Type, Permanent Grade of PFC/E-3, Appointed on 10 May 1966, and Education. It does not list dates of service in Vietnam. 7. The applicant does not provide, and his available records do not contain, evidence of the orders that awarded him the Combat Infantryman Badge. 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. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial 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 held primary military occupational specialty (MOS) 36K, Field Wireman. The Board noted, although the applicant during his time in Vietnam was assigned to 11 Bravo Company, which was infantry and engaged in combat within the first 3 months and had to protect the compound from a night attack later in service. He was not MOS qualified as 11B and based on governing regulation the applicant did not meet the criteria to be awarded the Combat Infantryman Badge. 2. The Board determined, based on the applicant’s DA Form 20, it has him assigned to the Republic of Vietnam from 12 January 1967 to 11 January 1968. Additionally, during deliberation, the Board determined the applicant’s records were absent awards he earned for his service in the Republic of Vietnam and correction to his records were warranted. As such, partial relief was granted, the applicant is authorized the Meritorious Unit Commendation — 30 Sep 66-30 Jun 67 DAGO 17, 68; 25 Jan 68-31 Aug 69, DAGO 39, 70, the Republic of Vietnam Civil Actions Honor Medal, FC — 10 Oct 66-24 Oct 69 DAGO 51, 71and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 1 November 1968, by awarding him the * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal, FC * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the 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. 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 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. 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. Army Regulation 635-5 (Separation Documents) in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It stated that item 22f would show the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where the foreign service was performed, e.g., USAREUR (U.S. Army Europe) or USARPAC. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000402 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1