IN THE CASE OF: BOARD DATE: 21 September 2020 DOCKET NUMBER: AR20200000481 APPLICANT REQUESTS: award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 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) * Special Orders, Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, dated 25 July 1969 * 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 Army Board for Correction of Military Records (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. Paragraph 2-14 (Vietnam Service Medal) states the Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. b. Paragraph 8-6 (CIB) states for award of the CIB a Soldier must meet the following three requirements: (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. Campaign or battle credit alone is not sufficient for award of the CIB. c. The definition of the requirement to be "engaged in active ground combat" has generated much dialogue over the years as to the original intent of the CIB. The intent has been clarified over time as being personally present, under fire, and engaging in action against the enemy in ground forces combat. It is not awarded for battle participation credit. 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 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 was not awarded a CIB. He attached his DD Form 214 and his orders Vietnam assignment orders. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (Military Occupational Specialties (MOS)) – primary MOS 11B2O (Light Weapons Infantryman) effective 24 May 1968 * item 31 (Foreign Service) – U.S. Army Pacific-Vietnam from 19 June 1968 through 17 June 1969 * item 38 (Record of Assignments) – Company C, 1st Battalion, 22d Infantry Regiment, 4th Infantry Division, in duty MOS 11B1O as a rifleman from 5 July 1968 through 16 June 1969 * item 41 (Awards and Decorations) – * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 4. He participated in the following four campaigns during his service in Vietnam: * Counteroffensive Phase V – 1 July 1968 to 1 November 1968 * Counteroffensive Phase VI – 2 November 1968 to 22 February 1969 * Tet 69 Counteroffensive – 23 February 1969 to 8 June 1969 * Summer-Fall 1969 – 9 June 1969 to 31 October 1969 5. He was honorably released from active duty on 15 January 1970. He completed 2 years of net active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 6. Department of the Army General Orders dated July, awarded the 1st Battalion, 22d Infantry Regiment, 4th Infantry Division, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969. 7. Department of the Army General Orders, dated December, awarded the 1st Battalion, 22d Infantry Regiment, 4th Infantry Division, the Republic of Vietnam Cross of Gallantry with Palm Unit Citation for the period 1 August 1965 through 16 April 1971. BOARD DISCUSSION: Aside from the Administrative Notes (below the signature), after review of the application and all supporting documents, the Board found insufficient evidence to grant relief and award the applicant the Combat Infantryman’s Badge. While the applicant was serving in an 11-series MOS in an infantry unit and had deployed to Vietnam, it was not evident that the applicant had been engaged in direct contact with the enemy. Therefore, the applicant did not meet all of 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 Administrative Notes, 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 is authorized the following awards that are not shown on his DD Form 214: * four bronze service stars with his already-awarded Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000481 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1