ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  20 May 2019

	DOCKET NUMBER:  AR20180014099


APPLICANT REQUESTS:  to be awarded the Combat Infantryman Badge.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Department of Veterans Affairs letter 

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 asks that he be awarded the Combat Infantryman Badge he should have received while serving in combat in Company C, 3rd Battalion, 60th Infantry, 9th Infantry Division in the Mekong Delta, South Vietnam.  He was in combat while in the 9th Infantry Division in Dong Tam, South Vietnam.  He received the Air Medal but not the Combat Infantryman Badge.  The error was discovered by a highly decorated retired sergeant major who was upset by the mistake.

3.  On 14 May 1968, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  His DA Form 20 shows in item 32 (Foreign Service), he was assigned to duty in Vietnam from 21 October 1968 to 18 September 1969. 

5.  Item 38 (Record of Assignments) of his DA Form 20 shows from 30 October 1968 to 25 March 1969 he served in duty MOS 11B while assigned to an infantry company within the 9th Infantry Division.  From 26 March 1969 to 17 September 1969 he served in duty MOS 95B (Military Police) in the 25th Infantry Division.  

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the Combat Infantryman Badge among his authorized awards.

7.  On 28 January 1969, Headquarters, 9th Infantry Division, issued General Orders Number 996 show the applicant was awarded the Air Medal for meritorious achievement during the period 7 November 1968 to 14 January 1969.  The orders show he was assigned to Company C, 3rd Battalion, 60th Infantry, at the time.  

8. On 13 May 1970, he was honorably released from active duty.  His DD Form 214 does not list the Combat Infantryman Badge among his authorized awards.  

9.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty.  They must have served satisfactorily in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, support documents and evidence in the record.  The Board determined that he held an 11B MOS and was assigned to an Infantry company.  The Board noted that he was awarded the Air Medal during his assignment to the Infantry unit.  While there is no record of award of the CIB, the Board determined, based on his specialty, unit of assignment and Air Medal that by a preponderance of evidence he is entitled to award of the Combat infantryman Badge.

2.  After reviewing the application and all supporting documents, the Board found that relief was warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	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 full relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

- Awarding him the Combat Infantryman Badge and,
- amending his DD Form 214 for the period ending 13 May 1970 by adding the CIB.


	 
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) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served satisfactorily in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

ABCMR Record of Proceedings (cont)	 AR20180014099
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