ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  28 May 2019
DOCKET NUMBER: AR20170006236


APPLICANT REQUESTS:  award of the Combat Infantryman Badge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* DA Form 66 (Officer Qualification Record)
* Air Medal Certificate
* Bronze Star Medal Certificate
* Permanent Change of Station (PCS) Orders dated 29 April 1971
* Statements of Retirement Points
* Memorandum for Promotion Consideration
* Discharge Orders
* Honorable Discharge Certificate
* 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 he would like the Combat Infantryman Badge added to his DD Form 214.

3. The applicant provides:

   a. His DA Form 66 annotating his foreign time in the Republic of Vietnam from 11 August 1970 to 18 June 1971.

   b. The Air Medal Certificate indicating he distinguished himself by meritorious achievement during sustained aerial operational activities against hostile forces in the Republic of Vietnam during the period of 14 September 1970 to 17 February 1971.
   a. 

   c. The Bronze Star Medal for the period of September 1970 to May 1970 for his meritorious service in connection with military operations against a hostile force. He performed all duties required of an infantry battalion advisor in an excellent manner, both in garrison and in combat operations.

   d. His PCS orders for his departure from the Republic of Vietnam dated 29 April 1971, statements of retirement points, and a memorandum for promotion consideration dated 18 February 1974.

   e. The discharge orders, dated 28 May 1975, a copy of his Honorable Discharge Certificate dated 3 June 1975, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

4. A review of the applicant’s service record shows:

   a. Having had prior enlisted service, he enlisted in the U.S. Army Reserve (USAR) on 25 September 1967.

   b. He applied for appointment (DA Form 61) as a commissioned officer in the USAR on 24 February 1969.

   c. On 23 May 1969 he was appointed as a Reserve commissioned officer of the Army and assigned to the Infantry Branch. He executed his oath of office (DA Form 71) on the same day of his appointment.

   d. On 22 July 1969 he was ordered to active duty to complete the Infantry Officer Basic Course and proceed to his assigned duty station.

   e. He served in the Republic of Vietnam from 11 August 1970 to 18 June 1971 and was assigned to the United States Military Assistance Command, Vietnam.

   f. General Orders Number 1229, dated 22 March 1971, awarded him the Air Medal and General Orders Number 1945, dated 3 May 1971, awarded him the Bronze Star Medal.

   g. He was honorably released from active duty on 17 June 1971. His DD Form 214 shows he completed 1 year, 9 months, and 25 days of total active service.  It also shows he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal
* Vietnam Campaign Medal
* Air Medal
* 

* Overseas Service Bar

5. By regulation, for award of the Combat Infantryman Badge, a Soldier must meet the following three requirements:

* be an infantryman satisfactorily performing infantry duties
* assigned to an infantry unit during such time as the unit is engaged in active ground combat
      * actively participate in such ground combat BOARD DISCUSSION:
After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the applicant’s record failing to show that he served in an infantry unit during combat operations, the Board concluded that the applicant was not eligible for the CIB award.

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.

5/30/2019
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 672-5-1 (Awards – Decorations, Awards, and Honors), in effect at the time, provides Army policy, criteria, and administrative instructions concerning individual military decorations. It states for award of the Combat Infantryman Badge, a Soldier must meet the following three requirements:

* be an infantryman satisfactorily performing infantry duties
* assigned to an infantry unit during such time as the unit is engaged in active ground combat
* actively participate in such ground combat