. ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 May 2019 DOCKET NUMBER: AR20170008607 APPLICANT REQUESTS: award of the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 military occupational specialty (MOS) was 11B10 (infantry machine gunner). He served in combat in the Republic of Vietnam. In reviewing his records he believes he earned the requested award. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 30 January 1970. He completed advanced individual training at Fort Rucker, AL and was awarded MOS 67N (Helicopter Mechanic). b. The applicant's service record is void of documentation awarding him the CIB. However, his DD Form 20 (Enlisted Qualification Record) shows in: (1) Item 8 (Duty MOS) – 67N4H (2) Item 31 (Foreign Service) he served in Vietnam from 28 June 1971 to 3 June 1972 (3) Item 38 (Record of Assignments) he was assigned to the following: (1) * 192nd Aviation Company (Assault Helicopter), Vietnam from 15 July 1971 to 20 January 1972, performing duties in MOS 67A1F as a machine gunner * 73rd Surveillance Airplane Company, Vietnam from 21 January 1972 to 11 April 1972, performing duties in MOS 11B10 as a machine gunner * 201st Corps Aviation Company, Vietnam from 20 April 1972 to 2 June 1972, performing duties in MOS 67A1F as a machine gunner c. On 30 January 1973, he was honorably released from active duty. He completed 3 years of active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized: * Air Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Vietnam Counter Offensive Phase VII Campaign * Unnamed Campaign (AR 672-5-1) * Expert Marksmanship Qualification Badge (M-16) 5. By regulation (AR 600-8-22 (Military Awards)), 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documents submitted by the applicant and found within the military service record, the Board found insufficient evidence to show that the applicant ever held the primary military occupation specialty of 11B. Although he served in that capacity at times, that does not make the applicant eligible for the Combat Infantryman Badge. For that reason, the Board recommended denying the applicant’s requested relief. 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. 6/4/2019 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), in effect at the time, CIB eligibility requirements are as follows: An individual must be an infantry officer in the grade of colonel or below, or an enlisted man or a warrant officer with infantry MOS, who subsequent to 6 December 1941 has satisfactorily performed duty 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. Battle participating credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Awards may be made to assigned members of ranger infantry companies assigned or attached to tactical infantry organizations. They may also be made to members of the U.S. Army who are colonels or below and are assigned under appropriate orders for service in Republic of Vietnam, Laos, and Dominican Republic, during the dates specified and under the criteria listed below: 3. AR 600-8-22 (Military Awards), currently in effect, 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. 4. Appendix V of U.S. Army Vietnam (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.