ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 February 2019 DOCKET NUMBER: AR20180013751 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) * Special Orders Number 345, Headquarters, 101st Airborne Division, Vietnam 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 awarded the CIB but it does not appear on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He found his military records after his father passed away. 3. The DD Form 4, dated 31 January 1968, shows he enlisted in the Regular Army for a period of 3 years. Item 48 shows Army Career Group (ACG) 70, Miscellaneous Clerical. 4. The 6RD Form 30-R (Statements for Enlistment – Part I), dated 29 January 1968, shows that in connection with his enlistment, he was conditionally promised specialized school training in ACG 70, Miscellaneous Clerical. 5. Special Orders Number 22, Armed Forces Examining and Entrance Station, Oakland, CA, dated 31 January 1968, shows he enlisted under the Buddy Assignment Plan, and assigned him to U.S. Army Receiving Station, Fort Lewis, WA, in career field 70, miscellaneous clerical. 6. Special Orders Number 86, Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, dated 27 March 1968, released him from U.S. Army Training Center, Fort Lewis, WA, and assigned him to U.S. Army Training Center, Fort Ord, CA, for training in Clerk-Typist Course, with Military Occupation Specialty (MOS) 70A1O, Clerk. 7. DA Form 87 (Certificate of Training), dated 28 June 1968, shows he completed training in the Clerk-Typist Course, in MOS 71L, Administrative Specialist. 8. He was ordered to Vietnam and was attached to 101st Administrative Company, 101st Air Cavalry Division, Vietnam, from 25 July 1968 through 8 February 1970. 9. He provided Special Orders Number 345, Headquarters, 101st Airborne Division, Vietnam, showing he was awarded the CIB (First Award), while attached to 101st Administrative Company (Airborne), 327th Infantry, and parent unit 1st Brigade. These orders show his grade as specialist four and his primary MOS (PMOS) as 11B3P, Infantryman. 10. Special Orders Number 145, Headquarters, 101st Airborne Division, Vietnam, dated 25 May 1969, promoted him to specialist five from specialist four, with accompanying PMOS 71H2O, Personnel Specialist. 11. Special Orders Number 145, EXTRACT, Headquarters, 101st Airborne Division, Vietnam, dated 25 May 1969, awarded him PMOS P71H3O, Personnel Specialist and withdrew PMOS 71H2O, Personnel Specialist. 12. Special Orders Number 340, Headquarters, 101st Airborne Division (Airmobile), Vietnam, dated 6 December 1969, awarded him secondary MOS (SMOS) 71L2O, Administrative Specialist. 13. Special Orders Number 344, Headquarters, 101st Airborne Division (Airmobile), Vietnam, dated 10 December 1969, awarded him PMOS 71L2O, Administrative Specialist, and withdrew PMOS 71H3O, Personnel Specialist. 14. EPEEC Form 10 (Personnel Evaluation Data Report), dated May 1970, shows his rank/grade as Sergeant/E-6 and his MOS as 71H4O, Personnel Specialist. 15. Special Orders Number 30, Headquarters, U.S. Army Personnel Center, Oakland, CA, relieved him from active duty. His MOS was shown as 71L2O, Administrative Specialist. 16. He was honorably discharged on 30 January 1971. Item 23a (Specialty, Number and Title) shows his MOS as 71L2O, Administrative Specialist. 17. Item 38 (Record of Assignments) of the DA Form 20 (Enlisted Qualification Record) shows he held no duty MOS in the infantry field. The available records do not contain orders awarding him an infantry MOS as a PMOS or SMOS. 18. Army Regulation 672-1 (Decorations and Awards), provided for award of the CIB during the Vietnam era. 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). To be eligible for the CIB, a Soldier holding an infantry MOS must have participated in active ground combat while assigned to an infantry unit of brigade or smaller size. BOARD DISCUSSION: After review of the application and all evidence, the Board determined the applicant’s record is absent orders awarding the CIB, and absent evidence that shows he met MOS, unit, or combat service while engaging hostile forces requirements prescribed by regulation. 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 672-1, in effect at the time, 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). To be eligible for the CIB, a Soldier holding an infantry MOS must have participated in active ground combat while assigned to an infantry unit of brigade or smaller size. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. ABCMR Record of Proceedings (cont) AR20180013751 5 1