ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 June 2019 DOCKET NUMBER: AR20180002596 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) * Statement * Congressional correspondence * Letter from the U.S. Army Human Resources Command (HRC) 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 not awarded the Combat Infantryman Badge. He served with the 194th Military Police Company, attached to the 1st Signal Brigade in Vietnam, from December 1968 to December 1969. All members of this unit who went on petrol received the badge. He was mustered out prior to receiving his. 3. He provides a letter to his Member of Congress wherein he states he previously put in a request for his medals earned in Vietnam from December 1968 through December 1969. All of the medals and ribbons were forwarded to him with the exception the Combat Infantry Badge. He did not receive his badge while he was in Vietnam since he was discharged in December of 1968. Members of his unit, 194th Military Police Company who were engaged in combat did receive their badges from their captain in the early part of 1970. When he called the Department of the Army, they forwarded him forms to fill out to state his case. He received a letter from HRC indicating he needed to be in a qualifying infantry unit to obtain the badge. He has received this letter twice indicating the same thing. It is true that he was not in an infantry unit. However, members of his unit did receive this award. It is his opinion the Department of Army did not fully investigate the matter. They merely took the consensus that one had to hold a qualified in infantry or special forces military occupational specialty (MOS) and be assigned to a qualified infantry unit. He did have the qualifying MOS. Obviously there were exceptions since members of his unit did receive this award. After being discharged from the military and leaving Vietnam, he did not have any desire to even think about medals or awards. Later in life, of course, these things mean more to a person than they did when they were younger. 4. Review of the applicant's service records shows: a. The applicant was inducted into the Army of the United States on 14 March 1968. He was trained in and awarded primary MOS 11B (Light Weapons Infantryman). b. He served in Vietnam as a security guard and/or infantryman from 16 December 1968 to 15 October 1969. He was assigned to the 194th Military Police Company. c. He was honorably released from active duty on 16 December 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 9 months, and 3 days of active service, of which 1 year was foreign service. He was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Good Conduct Medal d. His records do not contain and he did not provide the special orders awarding him the Combat Infantryman Badge. e. His DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge as an authorized award. 5. By regulation (AR 600-8-22 - Military Awards), there are three requirements for award of the Combat Infantryman Badge: * the Soldier must be an infantryman satisfactorily performing infantry duties * the Soldier must be assigned to an infantry unit during such time as the unit is engaged in active ground combat * the Soldier must actively participate in such ground combat BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. The evidence provided and of his record shows he was an 11B. The applicant acknowledges he was not assigned to an infantry unit. Regulatory guidance provides infantry personnel must be assigned to an infantry unit to receive the CIB. The Board agreed there was no error or 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. ADMINISTRATIVE NOTE(S): 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. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge. 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. 3. U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated: a. The criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat." This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. b. Appendix V of 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 . //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002596 4 1