IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160015799 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 IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160015799 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. IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160015799 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 the Combat Infantryman Badge and a copy of the award orders. 2. The applicant states he had orders for the Combat Infantryman Badge in the Republic of Vietnam, but it is not shown on his DD Form 214. He would also like a copy of his CIB orders sent to him. 3. The applicant did not provide evidence in support of his application. 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. To obtain copies of official military personnel records, by law Veterans must submit a Standard Form (SF) 180 or a written letter request to the National Personnel Records Center (Military Personnel Records), 1 Archives Drive, St. Louis, MO 63138-1002. More information may be found at http://www.archives.gov/veterans/military-service-records/. The applicant's request for copies of orders will not be discussed further in these proceedings. 3. On 15 February 1966 the applicant enlisted in the Regular Army for an administrative military occupational specialty. He completed basic training and advanced individual training. His DA Form 20 (Enlisted Qualification Record) shows he attended the basic Army administrative course and received military occupational specialty (MOS) 71A. His official military personnel file does not contain orders awarding him this MOS. 4. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 48th Infantry Regiment stationed in U.S. Army – Europe. His first duty MOS was 70A and his principal duty title was clerk. Within the same unit his duty MOS changed to 11D and his duty title was reconnaissance. There are no MOS orders in his record showing he was awarded MOS 11D by an appropriate approval authority. 5. The applicant served in the Republic of Vietnam from 14 January 1967 to 13 January 1968 in duty MOS 64A (Light Wheeled Vehicle Driver) and 64B (Heavy Wheeled Vehicle Driver). His first unit of assignment was in a support and services unit. On or about 17 November 1967 he was reassigned to F Troop, 17th Cavalry, 196th Light Infantry Brigade and served in duty MOS 64B. 6. His records do not contain and he did not provide the special orders awarding him the Combat Infantryman Badge. In addition, his DA Form 20 does not list the Combat Infantryman Badge as an authorized award. 7. He was honorably released from active duty on 2 May 1969. His DD Form 214 shows he completed 2 years, 11 months and 28 days of active service. He was awarded or authorized the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars 8. The applicant's DD Form 214 further shows – * item 23a (Specialty Number and Title) – 64B, Heavy [Wheeled] Vehicle Driver * Item 25 (Education and Training Completed) – he completed the basic Army administrative course in July 1966 at Fort Jackson, South Carolina REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Announcement in orders is required to verify award of the Combat Infantryman Badge. 2. U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. a. The criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was 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, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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. b. Appendix V of USARV Regulation 672-1 states 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 . 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that 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. DISCUSSION: There are no special orders in the applicant's service records showing he was awarded the Combat Infantryman Badge nor where there orders awarding him an infantry MOS. When he served in U.S. Army – Europe his duty MOS was 11D and principal duty title was reconnaissance. Although he served in Vietnam with an infantry unit, he held a wheeled vehicle driver duty MOS and subsequently performed the duties of a vehicle driver. The first criteria for consideration of the Combat Infantryman Badge is an infantry MOS and evidence to show the individual satisfactorily performed infantry duties. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015799 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015799 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2