IN THE CASE OF: BOARD DATE: 20 December 2023 DOCKET NUMBER: AR20230005217 APPLICANT REQUESTS: * in effect, award of the Combat Infantryman Badge (CIB) * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 October 1969 to show award of the Army Commendation Medal (ARCOM) and CIB APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * partial DA Form 67-6 (Officer Efficiency Report) covering an unspecified period * Army Commendation Medal Citation, October 1968 through October 1969 * DD Form 214 for the period ending 15 October 1969 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 the commander of Company A, 1st Battalion, 46th Infantry Regiment, 198th Light Infantry Brigade, for a brief period. 3. Following prior enlisted service in the Regular Army, he was appointed as a Reserve commissioned officer in the U.S. Army Reserve Artillery Branch in the rank/grade of second lieutenant/O-1 effective 24 October 1967 with concurrent orders to active duty. 4. His DA Form 66 (Officer Qualification Record) shows: a. He was temporarily promoted to rank/grade of first lieutenant/O-2 effective 24 October 1968. b. He was assigned to Battery B, 1st Battalion, 14th Artillery Regiment, 198th Infantry Brigade, Vietnam, as a forward observer (counterinsurgency) in military occupational specialty (MOS) 1193 (Field Artillery Unit Commander) from 29 October 1968 through 2 March 1969. c. His duty position was updated to align with the 198th Infantry Brigade's realignment under the 23rd Infantry Division on 3 March 1969. However, his MOS remained 1193 with duty as a forward observer (counterinsurgency). d. His MOS was changed to 51193 (Field Artillery Unit Commander) on 16 March 1969 with duty as an assistant executive officer (counterinsurgency). e. His MOS reverted to 1193 on 6 May 1969 with duty as a fire direction officer (counterinsurgency). f. His duty MOS was changed to 4510 (Munitions Officer) on 5 August 1969 with duty as an ammunition officer (counterinsurgency). g. He departed Headquarters and Headquarters Battery, 1st Battalion, 14th Artillery Regiment, 23rd Infantry Division, Vietnam, en route to the continental United States effective 12 October 1969. 5. He was permanently promoted to rank/grade of first lieutenant/O-2 effective 13 October 1969. 6. He provided a partial DA Form 67-6 covering an unspecified period showing his principle duty as a forward observer controlling and adjusting artillery fire in close support of an infantry company under combat conditions in a counterinsurgency environment. His endorser noted: "[Applicant] performed his duties as an FO [forward observer] in an excellent manner. He was often left in command of the infantry company in the absence of the company CO [commanding officer], even though four platoon leaders outranked him." 7. He provided an ARCOM Citation stating he distinguished himself by exceptionally meritorious service in support of military operations against communist aggression in the Republic of Vietnam during the period October 1968 to October 1969. 8. He was honorably released from active duty on 15 October 1969 and transferred to the U.S. Army Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 11 months, and 22 days of net active service during this period and 9 months and 27 days of other service (prior enlisted service). He was awarded or authorized the: * Vietnam Service Medal (VSM) * Republic of Vietnam Campaign Medal with Device (1960) (erroneously shown as NCM) 9. His service records are void of orders awarding him the ARCOM or CIB. Item 21 (Awards, Decorations, and Campaigns) of his DA Form 66 is void of entries showing he was awarded the ARCOM or CIB. 10. Department of the Army General Orders Number 8, dated 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. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, 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, the Board determined the applicant initially held primary military occupational specialty (MOS) as a forward observer (counterinsurgency) 1193 (Field Artillery Unit Commander) and then changed to 51193 (Field Artillery Unit Commander). The Board determined the applicant’s record is absent evidence that he held an infantry MOS. The Board determined, based on the governing regulatory guidance, the applicant did not meet the criteria for award of a combat infantryman badge. 2. However, during deliberation the Board agreed there is sufficient evidence to show the applicant was awarded the Army Commendation Medal (ARCOM) for meritorious service in support of military operations against communist aggression in the Republic of Vietnam. Based on this, the Board granted relief to correct the applicant’s record to reflect award of an ARCOM. 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 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 15 October 1969 to show award of the Army Commendation Medal. 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. ADMINISTRATIVE NOTE(S): The applicant is authorized administrative correction of his DD Form 214 for the period ending 15 October 1969 without Board action to show in: a. item 24: * four bronze service stars with his already-awarded VSM * Republic of Vietnam Campaign Medal with Device (1960) in lieu of "NCM" * Republic of Vietnam Gallantry Cross with Palm Unit Citation b. item 30 (Remarks), the entry "Vietnam – 17 Oct 68 through 13 Oct 69, Indochina – Yes, Korea – No." 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. The ARCOM is awarded to any service member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The CIB is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces MOS. 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. 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 MOS are not eligible, regardless of the circumstances. A Soldier must meet the following three requirements for award of the CIB: * be an infantryman satisfactorily performing infantry duties * be assigned to an infantry unit during such time as the unit is engaged in active ground combat * actively participate in such ground combat c. The VSM 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. d. Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows participation credit was awarded for the following Vietnam campaigns: * Counteroffensive Phase V – 1 July 1968-1 November 1968 * Counteroffensive Phase VI – 2 November 1968-22 February 1969 * Tet 69 Counteroffensive – 23 February 1969-8 June 1969 * Summer-Fall 1969 – 9 June 1969-31 October 1969 3. Army Regulation 635-5 (Separation Documents), effective 23 May 1972, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in item 30 (Remarks) of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea. a. To show service in Vietnam only, enter "Vietnam – 25 Apr 70 through 28 May 71, Indochina – Yes, Korea – No." b. To show service in Indochina (other than Vietnam) only, enter "Indochina – Yes, Vietnam – No, Korea – No." c. To show service in Korea only, enter "Indochina – No, Vietnam – No, Korea – Yes." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230005217 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1