ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	BOARD DATE:  11 September 2019

	DOCKET NUMBER:  AR20170017545


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 under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Applicant's statements, dated 11 November 2016 and 20 December 2018
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)
*	Honorable Discharge Certificate, (Applicant's Father), dated 17 December 1945
*	War Department AGO Form 53-55 (Honorable Discharge)
*	Veteran's Administration Form 21-4138 (Statement in Support of Claim)
*	Letter, Army Review Boards Agency (ARBA), dated 10 December 2018

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 was offered a CIB and a promotion to the rank of staff sergeant/E-6 if he 
would extend for an additional 6 months of service
*	he feels that he earned the right to receive the CIB based on the service he 
provided
*	he assumed numerous assignments that placed him in situations the same as 
other combat troops and truck drivers
*	he family has served in the military as far back as the 1800s and fought in every 
war to date

3.  The applicant was inducted into the Army of the United States on 24 September 
1969.  
4.  He was awarded his Military Occupational Specialty (MOS) of 63B (Wheeled Vehicle 
Mechanic) on 30 January 1970 and 71T (Maintenance Data Specialist) on 14 May 
1970.

5.  He served in Vietnam from 18 September 1970 through 17 September 1971.  He 
served as a 76A (Petroleum Handler) with Headquarters, Headquarters Company 3d 
Battalion, 21st Infantry Regiment, 196th Infantry Brigade.

6.  He was honorably released from active duty on 17 September 1971.  His DD Form 
214 does not show the CIB as an authorized award. 

7.  There is no evidence in his records and he provides none to confirm he held an 
infantry MOS or that he was personally present and under hostile fire while serving in an 
assigned infantry or special forces primary duty in a unit actively engaged in ground 
combat with the enemy.  

8.  Army Regulation 600-8-22 (Military Awards) provides that the CIB is awarded to 
infantry or special forces officers and enlisted and warrant officer persons who have an 
infantry or special forces military occupational specialty..  They must have served in 
active ground combat while assigned or attached to an infantry, ranger, or special 
forces unit of brigade, regimental, or smaller size.  Specifically, a recipient must be 
personally present and under hostile fire while serving in an assigned infantry or special 
forces primary duty in a unit actively engaged in ground combat with the enemy.  
Personnel with other than an infantry or special forces MOS are not eligible, regardless 
of the circumstances.

BOARD DISCUSSION:

After reviewing the application and all evidence, the Board determined relief was not 
warranted.  The applicant’s contentions were carefully considered.  Evidence of record 
shows he was not an infantryman.  Regulatory guidance provides the member must be 
an infantryman to receive the Combat Infantryman Badge.  The Board agreed there was 
no error nor injustice in this case.

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.

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 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  The CIB is 
awarded to infantry or special forces officers and enlisted and warrant officer persons 
who have an infantry or special forces military occupational specialty (MOS).  They 
must have served in active ground combat while assigned or attached to an infantry, 
ranger, or special forces unit of brigade, regimental, or smaller size.  Specifically, a 
recipient must be personally present and under hostile fire while serving in an assigned 
infantry or special forces primary duty in a unit actively engaged in ground combat with 
the enemy.  Personnel with other than an infantry or special forces MOS are not eligible, 
regardless of the circumstances.

3.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award 
of the CIB during the Vietnam era.  Appendix V stated the CIB was awarded only to 
enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire 
Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and 
Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire 
Crewman).
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170017545
	
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