PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 August 2000
	DOCKET NUMBER:   AR1999032187

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that he be awarded the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that he was awarded the CIB on unit morning reports in March 1970, but never received the award.  He provided the names of four individuals who he claims can verify that he earned the award.  He states that he has been in treatment for a Post Traumatic Stress Disorder (PTSD) and just realized that the CIB was not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4.  The applicant’s military records show that he entered the Regular Army for 
3 years on 30 November 1968.  He successfully completed basic training, advanced individual training, and the basic airborne course.  Upon completion of his training he was awarded military occupational specialty (MOS) 11D 
(Armor Reconnaissance Specialist) with the additional skill identifier (ASI) of 
P (Parachutist) and he was assigned to the 82nd Airborne Division at Fort Bragg, North Carolina for his first permanent duty station.

5.  In October 1969, the applicant was reassigned to combat duty in Vietnam, where he arrived for duty in December 1969.  He was assigned to Troop E,
17th Cavalry Regiment, 173rd Airborne Brigade, where he performed duties in MOS 11D as a Scout Observer for the majority of his tour in Vietnam. He completed his tour in Vietnam in November 1970 and returned to Fort Bragg where he served until his separation in November 1971.

6.  On 12 November 1971, the applicant was honorably separated under the provisions of Department of the Army Message 121008Z, by reason of reduction in authorized strength.  At the time of his separation the applicant had completed a total of 2 years, 10 months, and 6 days of active military service.

7.  The DD Form 214 issued to the applicant on the date of his separation indicates that he earned the following awards and decorations:  the National Defense Service Medal; the Vietnam Campaign Medal, the Parachutist Badge; and the Vietnam Service Medal.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 8, Section-II (Combat and Special Skill Badges) contains guidance on the award of combat badges.  Paragraph 8-6 contains the policy and procedure pertaining to the award of the CIB.

9.  Paragraph 8-6c contains the specific eligibility criteria for earning the CIB.  
It states, in pertinent part, that to qualify for the CIB a soldier satisfactorily performed duties in an Infantry MOS, while assigned or attached as a member of an Infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  It further indicates that a recipient must have been 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 can be of any size smaller than brigade.  For example, personnel possessing an Infantry MOS in a Rifle Squad of a Cavalry Platoon in a Cavalry Troop would be eligible for award of the CIB. 

10.  United States Army Vietnam (USARV) Regulation 672-1, in effect at the time, defined DA philosophy and policy concerning the award of the CIB for members serving in Vietnam.  Appendix V provided specific guidance on qualifications for award of the CIB.  It stated, in pertinent part, that MOS 11D was considered an Infantry MOS as defined in the DA regulation for the purpose of award of the CIB. It further identified Armored Cavalry Troops as fitting the DA definition of a smaller size Infantry unit in which members would normally qualify for award of the CIB if they met the other established criteria.

CONCLUSIONS:

1.  The evidence of record establishes that the applicant met two of the three criteria necessary to earn the CIB.  That is he did serve in an Infantry MOS in an Infantry unit during his combat tour in Vietnam.  However, the Board was unable to firmly establish that the applicant was actually personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy. 

2.  However, based on a careful evaluation of the record, the Board finds that there is sufficient reason to believe the applicant’s claim to entitlement to the CIB. The Board finds it reasonable to presume that the applicant was personally present and under hostile fire while his unit was engaged in ground combat during his combat tour in Vietnam as he contends, rather than to assume he was not.  Thus, the Board finds the weight of the evidence is sufficient to support the applicant’s claim and concludes that it would be appropriate to award the applicant the CIB as an exception to policy.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the CIB based on his combat service as an Infantryman in an Infantry unit during his combat tour in Vietnam.  

BOARD VOTE:  

__sw____  __lds____  ___mm _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Sherri V. Ward______
		        CHAIRPERSON

INDEX

CASE ID	AR1999032187	
SUFFIX		
RECON		
DATE BOARDED	2000/08/17	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111	
2.		
3.		
4.		
5.		
6.