ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 April 2019

	DOCKET NUMBER:  20170015184


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding 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

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.  He states he served in over 3 years in the U.S. Army in the infantry and he participated in three firefights in Vietnam.  He was in Vietnam from May 1968 to May 1969 with the 1st Cavalry Division.

3.  On 17 October 1967, the applicant enlisted in the Regular Army.  Effective 1 March 1968, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman.  

4.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) he served in Vietnam in MOS 11B with Company C, 5th Battalion, 7th Calvary, 1st Calvary Division (Airmobile) from May 1968 to May 1969.   

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the CIB among his authorized awards.

6.  On 23 October 1970, he was honorably released from active duty.  His DD Form 214 does not show he was awarded the CIB.  

7.  Army Regulation 600-8-22 (Military Awards) states the CIB 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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB to infantry personnel who met the criteria for the badge while members of infantry platoons and squads in cavalry squadrons and regiments.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded that the applicant met all criteria for the Combat Infantryman Badge.  For that reason, the Board recommended granting the applicant’s request.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

XX	XX	XX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Combat Infantryman Badge.
 


	 
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 600-8-22 states the CIB 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.  U.S. Army Vietnam Regulation 672-1 provided for award of the CIB to infantry personnel who met the criteria for the badge while members of infantry platoons and squads in cavalry squadrons and regiments.





ABCMR Record of Proceedings (cont)	20170015184
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