IN THE CASE OF: BOARD DATE: 11 August 2023 DOCKET NUMBER: AR20230000794 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 17 October 2022 * Self-authored Statement, undated * DD Form 214, 20 April 1970 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, in effect: a. He is a 75 year-old Veteran who served two tours in Vietnam from March 1968 to March 1969 and two extensions until April 1970. He was assigned to Company B, 21st Infantry, 196th Light Infantry Brigade of the Americal Division. Later he was an instructor at the Americal Combat Center, Chu Lai with an MOS change. b. In April 1970 he was processed out of the Army but the clerk did not add his CIB to his DD Form 214. He did not notice the omission for 50 years because he knew what he had done in Vietnam and knew he earned the CIB. c. He earned the CIB and served in a combat unit from March 1968 to March 1969. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 for the period ending on 20 April 1970, and will be listed in administrative notes. 4. The Board will consider the applicant's request for the CIB. As an additional issue, the Board will consider his authorization for the Army Good Conduct Medal (AGCM). 5. A review of the applicant's service records shows: a. On 12 September 1967, he enlisted in the Regular Army for a period of 3 years. he Basic Combat Training, he completed he completed Advanced Individual Training, and he was awarded military occupational specialty 11B (Light Weapons Infantryman). b. A DA form 1049 (Personnel Action), 26 January 1968, shows he volunteered for Special Forces Training. c. On 22 March 1968, he deployed to Vietnam. d. Special Orders Number 96 issued by Headquarters, Americal Division, 5 April 1968, assigned him to Company B, 3d Battalion, 21st Infantry Regiment. e. Unit Orders Number 23 issued by Company B, 3d Battalion, 21st Infantry Regiment, 30 June 1968, promoted him to sergeant/E-5. f. On 16 November 1968, Americal Combat Center, awarded him a certificate for completing the Americal Combat Leadership Course. g. Special Orders Number 47 issued by Headquarters, Americal Division, 16 February 1969, April 1968, assigned him to the Americal Combat Center (Project Bravo), with a report date of 16 February 1969. h. General Orders Number 7806, issued by HQ, Americal Division, awarded him the Bronze Star Medal (BSM) for meritorious service in connection with miliary operations during September 1968 to September 1969. i. His DA Form 20 (Enlisted Qualification Record) shows in: (1) Section 31 (Foreign Service) 22 March 1968 to 20 April 1970 (2 years and 28 days). (2) Section 33 (Appointments and Reductions) no reductions. (3) Section 38 (Record of Assignments) he received all "Excellent" conduct and efficiency ratings and while he was in Vietnam, he was assigned to: * Company B, 3d Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade from 6 April 1968 to15 February 1969 * Battery A, 6th Battalion, 11th Artillery from 16 February 1969 to 25 July 1969 * HQ, BAND Support Command from 26 July 1969 to 14 April 1969 (4) Section 41 (Awards and Decorations): * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Bronze Star Medal with "V" Device (General Order Number 2163 issued by HQ, Americal Division) (5) Section 44 (Time Lost Under Section 972, Title 10 U.S.C. and Subsequent to Normal ETS) none. j. On 20 April 1970, he was honorably released from active duty. His DD Form 214 shows in: (1) Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with 2 bronze service stars * Army Commendation Medal * Bronze Star Medal * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (2) Item 25a (Non-Pay Periods Time Lost) none. (3) Item 30 (Remarks) Service in Vietnam 22 March 1968 to 20 April 1970 (2 years and 28 days). k. His records are void of orders for the BSM with "V" Device, of orders or a commander's recommendation for the Army Good Conduct Medal, and of orders or a commander's recommendation for the CIB. l. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the BSM with "V" Device, the Army Good Conduct Medal, and the CIB pertaining to the applicant. 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 contentions, the military record, and regulatory guidance. The applicant held the Military Occupational Specialty (MOS) of Infantry. Promotion orders reflect he held the MOS 11B and was assigned to an infantry brigade. He served in multiple Vietnam counter offenses. Further, he was awarded a Bronze Medal for meritorious service in connection with military operations against a hostile force. Based on the preponderance of the evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief. 2. 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 :xx :xx :xx 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 amending his DD214 for the period ending 20 April 1970 to show the award of the Combat Infantry Badge. 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): The applicant's records contain sufficient evidence to support amendments to his DD Form 214. His DD Form 214 should be administratively corrected without Board action to show in: a. Item 24 by adding: * One silver service star and two bronze service stars to his previously issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation b. Item 22c (Foreign Service) by deleting "1 year and 28 days" and adding "2 years and 28 days." 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 15-185 (Army Board for Correction of Military Records) 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. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded to on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. (1) The periods of service of qualifying service are: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) 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; (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in line of duty; or (5) for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. (2) Throughout a qualifying period of service, the enlisted Soldier's character must have been above reproach and must meet all of the following criteria for award of the Army Good Conduct Medal as indicated in the Soldier's record: willingly complied with the demands of the military environment, been loyal and obedient to his or her superiors, faithfully supported the goals of his or her organization and the Army, and conducted himself or herself in an exemplary manner as to distinguish him or her from fellow Soldiers. b. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat or was under orders in the combat zone and served at a normal post of duty. One silver service star is used to denote five bronze service stars. c. The CIB is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces military occupational specialties. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. Specifically, 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. The unit in question must be a brigade, regiment, or smaller size. For example, personnel possessing an infantry military occupational specialties in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Personnel with other than an infantry or special forces military occupational specialties are not eligible, regardless of the circumstances. 4. U.S. Army Vietnam Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed policies, responsibilities, and criteria in order to insure prompt and proper recognition of individuals. a. The Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 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. b. It provided for award of the CIB during the Vietnam era. Appendix V stated the CIB was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). 5. DA PAM 672-3 (Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 February 1986)) shows the applicant completed service in Vietnam during the following campaigns: * Vietnam Counteroffensive, Phase IV, 2 April 1968 30 June 1968 * Vietnam Counteroffensive, Phase V, 1 July 1968 1 November 1968 * Vietnam Counteroffensive, Phase VI, 2 November 1968 22 February 1969 * TET 69 Counteroffensive, 23 February 1969 8 June 1969 * Vietnam Summer Fall I 1969, 9 June 1969 31 October 1969 * Vietnam Winter-Spring 1970, 1 November 1969 30 April 1970 6. Department of the Army General Orders Number 8, 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000794 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1