ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 August 2020 DOCKET NUMBER: AR20190015531 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 18 October 2019 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 (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 with the 720th Military Police Company, 1st Infantry Division; his fellow Soldiers received a Combat Infantryman Badge but he did not. 3. On 26 November 1968, the applicant enlisted in the Regular Army. 4. He completed training and he was awarded military occupational specialty (MOS) 95B (Military Policeman). 5. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Overseas Service) – service in United States Army Pacific Command (USARPAC), Vietnam, from 4 January 1970 to 28 November 1970. b. item 35 (Record of Assignments), in part – (1) Company A, 720th Military Police Battalion, USARPAC, Vietnam, for the period 8 January 1970 to 26 March 1970, (2) 188th Military Police Company, USARPAC, Vietnam, for the period 27 March 1970 to 14 July 1970, and (3) Company B, 720th Military Police Battalion, USARPAC, Vietnam, for the period 15 July 1970 to on or about 20 November 1970. c. item 41 (Awards, Decorations and Campaigns) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 6. On 4 November 1971, he was honorably released from active duty. His DD Form 214 shows he completed 2 years, 11 months, and 9 days of net service and he was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with two bronze service stars 7. His DD Form 214 also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he participated in the Vietnam Winter-Spring 1970 and 13th Campaign. 8. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal for the period 26 November 1968 through 4 November 1971. 9. His records are void of orders awarding him the Combat Infantryman Badge. BOARD DISCUSSION: After review of the application and all supporting documents, aside from the corrections listed in Administrative Notes (below the signature), the Board found insufficient evidence to grant relief. The applicant requested award of the CIB. Regulation provides that the CIB will only be provided to Soldiers who hold MOSs in the Infantry (11-series) or Special Forces (18-series) and who serve in certain Infantry units. The record is void of and the applicant did not provide sufficient evidence that the applicant held one of the authorized MOSs in an authorized Infantry unit. Records indicate that the applicant held the MOS of 95B, Military Police, and served in a Military Police Company. Therefore, the applicant did not meet the requirements set forth in AR 672-1 for award of the Combat Infantryman’s Badge. 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: Aside from the corrections in Administrative Notes (below the signature), 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): The applicant was awarded or authorized the following awards not listed on his DD Form 214: * three bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Civil Action Honor Medal First Class Unit Citation * 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 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 3. U.S. Army Vietnam Regulation 672-1, Appendix V, 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) AR20190015531 4 1