BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000537 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000537 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________x____________ CHAIRPERSON 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. BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000537 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The 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). 2. The applicant states he was verbally told while still in the U.S. Army that he had been awarded the CIB because of his combat experiences in the Republic of Vietnam (RVN). He was discharged from the Army before receiving any paperwork. He feels he is authorized this badge because he participated in numerous engagements with the enemy. His unit was the 101st Airborne Division which served in Phan Rang, Plieku, Dak To, and Song Mao. 3. The applicant provides no additional documentation. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 11 August 1964, the applicant enlisted in the Regular Army. He completed his initial training as a cook and basic airborne training. He was awarded the corresponding military occupational specialty (MOS) 94B2P indicating he was a cook with parachutist qualification. 3. On 21 April 1966, the applicant departed Fort Campbell, Kentucky for duty in the RVN. He arrived on or about 1 June 1966 and was assigned to Headquarters and Headquarters Company, 1st Battalion (Airborne), 327th Infantry Regiment, 101st Airborne Division. He was assigned for duty as a cook. 4. On 2 June 1967, the applicant departed the RVN and returned to the United States. On 3 June 1967, he was honorably released from Active Duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed 2 years, 9 months, and 23 days of creditable active duty service and attained the rank of specialist four, pay grade E-4. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists the following decorations, service medals, and badges: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Army Commendation Medal * Parachutist Badge REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 2. U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is 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 and to enlisted and warrant officer persons who have an infantry MOS 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. Additionally Appendix V of USARV 672-1 provides 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. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by showing he was awarded the CIB based on his participation in numerous engagements with the enemy. 2. The evidence clearly shows that the applicant was a cook and served as a member of an infantry unit of brigade, regimental, or smaller size while assigned in the RVN. His assertion that he performed infantryman duties and engaged the enemy as such on numerous occasions is not doubted. However, such service is only qualifying for award of the CIB to those Soldiers who held an infantryman MOS and served in an infantry unit at the time. While the applicant’s service is greatly appreciated, regulatory guidance prohibits awarding the CIB as recognition. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000537 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000537 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2