ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 June 2019 DOCKET NUMBER: AR20170006139 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). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 his DD Form 214, block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the CIB he earned while serving in Vietnam as an Infantryman. 3. A review of the applicant’s record shows: a. He was inducted in the Regular Army on 12 February 1969. He was trained in and held military occupational specialty 11B Infantryman. b. He served in Vietnam from 14 July 1969 to 11 July 1970. He performed duties as both an automatic rifleman and a team leader while assigned to Company B, 5th Battalion, 46th Infantry, 198th Infantry Brigade, 23d Infantry Division (Americal Division). On 5 June 1970, he was awarded the Air Medal. c. He was honorably released from active duty on 11 February 1971. His DD Form 214 for this period of service does not show the CIB as an authorized award. His DD Form 214 also shows he was awarded or authorized: a. * National Defense Service Medal * Air Medal * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal with 60 device 4. The applicant’s record is void of orders awarding him the CIB. 5. By regulation, the CIB is authorized for award during the Republic of Vietnam Conflict (2 March 1961 to 28 March 1973). To be awarded the CIB, a Soldier must meet the following requirements: * be an infantryman in the grade of colonel or below satisfactorily performing duties * assigned to a brigade size infantry unit or smaller during such time as the unit is engaged in active ground combat * the unit must have been in active ground combat with the enemy during the period BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary review, the Board concluded that there was insufficient evidence that the applicant was involved in combat operations while serving in Vietnam. For that reason, the Board recommended denying the applicant’s request to add the Combat Infantryman Badge. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 6/10/2019 X CHAIRPERSON Signed by: 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, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 672-5-1 (Awards) and AR 600-8-22 (Military Awards) both states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. 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 U.S. Army Vietnam (U.S. Army Vietnam 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. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated that 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.