ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 April 2020 DOCKET NUMBER: AR20190002251 APPLICANT REQUESTS: award of the Combat Infantry 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) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * General Orders Number 332, Headquarters, 3d Brigade, 82d Airborne Division, dated 10 December 1968 * Photograph * DD Form 215 (Correction to DD Form 214) REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-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. a. 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 MOSs are not eligible, regardless of the circumstances. b. Army units will be deemed to have participated in combat if they actually engaged the enemy in combat, if they were deployed in a designated combat zone, or if they performed duties either in the air or on the ground in any part of the combat zone at any time during the designated period of the respective battle, campaign, or expedition. 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). FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 served in Vietnam during the Tet Offensive as an airborne infantryman for a year. He was involved in numerous engagements with enemy forces, to include A S?u Valley and Operation Delaware. He undoubtedly earned a CIB and it is very important to him. 3. The applicant was awarded MOS 11B (Light Weapons Infantryman) on 17 January 1968 and 11C (Indirect Fire Infantryman) on 18 December 1968. 4. His Enlisted Qualification Record shows he served in MOS 11B as a radio teletype operator assigned to Company A, 1st Battalion, 505th Infantry Regiment, from 28 February 1968 through 30 August 1968. He served in MOS 11C as a forward observer with Company A, 1st Battalion, 505th Infantry Regiment, from 31 August 1968 through 7 February 1969. 5. On 7 October 1968, he was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 1 April 1968 to 31 August 1968. 6. On 10 December 1968, he was awarded the Bronze Star Medal for meritorious service in the Republic of Vietnam from 23 March 1968 through 23 November 1968. 7. His records do not contain orders awarding him the CIB. 8. He was honorably released from active duty on 30 August 1970. His DD Form 214 does not show award of the CIB.? 9. The 1st Battalion, 505th Infantry Regiment, was not cited in Department of the Army general orders for award of any U.S. unit decorations during the Vietnam Conflict. BOARD DISCUSSION: After review of the application and supporting documents, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board determined that the evidence presented is sufficient for award of the Combat Infantry Badge (CIB). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : XXX :XX :XXX 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 amending the DD Form 214 for the period ending 30 August 1970 by awarding him the Combat Infantry Badge. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002251 3 1