IN THE CASE OF: BOARD DATE: 14 December 2020 DOCKET NUMBER: AR20200001182 APPLICANT REQUESTS: reconsideration of his previous request for award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 3 February 2020 * excerpts, Army Regulation 600-8-22, pages 96-99 * 41 pages Vietnam War Casualty Lists, Honor States Website, 9 September 2019 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060006730 on 16 November 2006. 2. The applicant provided new documentary evidence and new arguments that were not previously considered by the Board and warrant consideration at this time. 3. The applicant states he was made aware that his military occupational specialty was eligible for the award of the CIB. Numerous individuals he served with that were killed in action on 25 October 1968 were awarded this badge. He was present at the same location as these Soldiers who were killed in action. 4. On 14 August 1967, the applicant was inducted into the Army of the United States. He was trained in and held military occupational specialty 11D (Armor Reconnaissance Specialist). 5. He served in Vietnam from 27 July 1968 to 1 June 1969, through three campaigns, and he was assigned to Headquarters and Headquarters Company, 77th Armor, 1st Infantry Brigade, 5th Infantry Division. 6. His DA Form 20 shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 7. On 8 June 1969 he was honorably released from active duty. His DD Form 214 for this period shows: * His MOS as 11D (Armor Reconnaissance Specialist) * He was awarded or authorized: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * two overseas service bars 8. His records are void of orders awarding him the CIB. He did not provide orders showing he was awarded the CIB. 9. On 27 November 2006 (Docket Number AR20060006730), the Board denied his application for the CIB. The Board found there was no evidence of record showing that he held an eligible infantry MOS and served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. 10. On 25 June 2007, he was issued DD Form 215 (Correction to DD Form 214), which corrected his DD Form 214 for the period ending 8 June 1969 to add other awards. The corrections did not include award of the CIB. 11. He provided copies of 41 pages of Vietnam War Casualties between July 1968 and June 1969, the same period he served in Vietnam. 12. By regulation (AR 672-1), there three requirements for award of the Combat Infantryman Badge: * the Soldier must be an infantryman satisfactorily performing infantry duties * the Soldier must be assigned to an infantry unit during such time as the unit is engaged in active ground combat * the Soldier must actively participate in such ground combat BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board noted the applicant's service record shows that during his service in Vietnam he was assigned to a battalion in an armor regiment. The Board found no evidence indicating the applicant participated in active ground combat while assigned to an infantry unit of brigade or smaller size. Based on his unit of assignment and the lack of evidence confirming his participation in active ground combat while assigned to an infantry unit, the Board determined he did not meet the criteria for the Combat Infantryman Badge. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20060006730, dated 16 November 2006. 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, United States 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. AR 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Combat Infantryman Badge 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. b. During the Vietnam Conflict, subsequent to 1 March 1961, any officer, warrant officer, or enlisted Soldier whose branch was other than Infantry will be eligible for award of the Combat Infantryman Badge provided all the below listed requirements have been met: (1) Assigned as advisor to an Infantry unit, Ranger unit, Infantry-type unit of the civil guard of regimental or smaller size, and/or Infantry-type unit of the self-defense corps unit of regimental or smaller size of the Vietnamese government during any period such unit was engaged in actual ground combat. (2) Assigned as advisor of an irregular force comparable to the above Infantry units under similar conditions. (3) Personally present and under fire while serving in an assigned primary duty as a member of a tactical advisory team while the unit participated in ground combat. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001182 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1