ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  2 April 2019

	DOCKET NUMBER:  AR20190001041


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Armed Forces of 
the United States Report of Transfer or Discharge) by adding Combat Infantryman 
Badge and any other awards he is authorized.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application For Correction of Military Record) dated 4 December 
2018
*	SF 88 (Report of Medical Examination)
*	DD Form 214 for the period ending 23 December 1969

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 was shot twice on two different dates during combat, and satisfactorily 
performed infantry duties during combat.  He believes he should be awarded the 
Combat Infantryman Badge.  

3.  The applicant’s records confirm he is authorized awards that were not recorded on 
his DD Form 214.  These awards will be administratively added to his DD Form 214 and 
his request for additional authorized awards will not be considered by the Board.  The 
Board will consider his request for award of the Combat Infantryman Badge. 

4.  On 24 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) and assigned to duty in Vietnam.  

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

*	Item 38 (Record of Assignments) – from 30 October 1968 to 2 March 1969, he 
was assigned to duty in Vietnam companies in the 7th Cavalry, 1st Cavalry 
Division, in MOS 11B with principal duty as a rifleman and automatic rifleman 
*	Item 40 (Wounds) – on 27 February 1969, he suffered a gunshot wound to the 
left forearm 
*	Item 41 (Awards and Decorations) – no entry for the Combat Infantryman Badge

6.  The Vietnam Casualty Roster confirms he was wounded as a result of hostile action 
on 27 February 1969.

7.  On 23 December 1969, he was honorably released from active duty.  The Combat 
Infantryman Badge is not listed as an authorized award on his DD Form 214.  The 
DD Form 214 does show he was awarded the Purple Heart.

8.  The available records do not contain orders awarding him the Combat Infantryman 
Badge.  

9.  Army Regulation 600-8-22 (Military Awards) states for award of the Combat 
Infantryman Badge a Soldier must:  (1) be an infantryman satisfactorily performing 
infantry duties, (2) be assigned to an infantry unit during such time as the unit is 
engaged in active ground combat, and (3) actively participate in such ground combat.  
Personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry 
troop would be eligible for award of the Combat Infantryman Badge.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient 
evidence to grant relief.  The applicant’s contentions were carefully considered.  Based 
upon the preponderance of evidence, the Board agreed he was engaging the enemy 
the day he was shot by enemy fire meeting regulatory guidance for award of the CIB.  

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 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 for engaging the enemy on 27 February 1969, and adding it to his 
DD Form 214 for the period ending 23 December 1969.

	  
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 NOTES:

The applicant is authorized awards that were not recorded on his DD Form 214.  
Correct his DD Form 214 for the period ending 23 December 1969 by deleting "VSM" 
and adding:

*	Vietnam Service Medal with three Bronze Service Stars
*	Armed Forces Expeditionary Medal
*	Korea Defense Service Medal
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 for award of the Combat 
Infantryman Badge a Soldier must:  (1) be an infantryman satisfactorily performing 
infantry duties, (2) be assigned to an infantry unit during such time as the unit is 
engaged in active ground combat, and (3) actively participate in such ground combat.  
Personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry 
troop would be eligible for award of the Combat Infantryman Badge.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190001041

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