ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 May 2019 DOCKET NUMBER: AR20170014912 APPLICANT REQUESTS: the Combat Infantryman Badge. 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) * DA Form 20 (Enlisted Qualification 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 in effect, please add the Combat Infantryman Badge to his record. He was assigned to Company D, 1st Battalion, 6th Infantry, 198th Brigade, while serving in the Republic of Vietnam during combat. 3. The applicant: * was inducted on 20 March 1968 * his DD Form 214 shows he served in Vietnam from 1 September 1968 through 31 August 1969 * he was assigned to Company D, 1st Battalion, 6th Infantry 198th Brigade in the Military Occupational Specialty (MOS) 11 B (Light Weapon Infantryman) * he was honorably discharged on 19 March 1970 * his DD Form 214 shows he was credited 2 years of active service to include 1 year of foreign service 4. The applicant's service record is void of documentation awarding him the Combat Infantryman Badge and the Army Good Conduct Medal. 5. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge or the Army Good Conduct Medal pertaining to the applicant. 6. The U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed the award of the Combat Infantryman Badge for Army forces operating in South Vietnam and authorization is for infantry officers, warrant officers and enlisted Soldiers who possessed an infantry MOS who served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 7. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of at least 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. BOARD DISCUSSION: The Board did not find sufficient evidence that the applicant was eligible to receive the Combat Infantryman’s Badge. While the applicant was serving in an 11-series MOS in an infantry unit and had deployed to Vietnam, it was not evident that the applicant had been engaged in direct contact with the enemy. Therefore, the applicant did not meet all of the requirements set forth in AR 672-1 for award of the Combat Infantryman’s 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. 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. ADMINISTRATIVE NOTE: Not applicable. 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. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed the award of the Combat Infantryman Badge for Army forces operating in South Vietnam. The criteria for award of the Combat Infantryman Badge, identified the men who trained, lived, and fought as infantrymen, and identified the Combat Infantryman Badge as a unique award established to recognize the infantryman for his service. It further stipulated the Combat Infantryman Badge was not awarded for being shot at or for undergoing the hazards of day-to-day combat. It further provided that the badge was authorized for award to infantry officers and warrant officers and to enlisted Soldiers who possessed an infantry MOS, provided they 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 (USARV) Regulation 672-1 (Awards and Decorations) 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 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of at least 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014912 2 1