IN THE CASE OF:  

		BOARD DATE:  1 September 2020

		DOCKET NUMBER:  AR20200000488


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer of Discharge) to show award of the Combat Infantryman 
Badge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
NOTE: 

*	DD Form 149 (Application for Correction of Military Record), dated 10 October 
2019
*	DD Form 214

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States 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:

   a.  He was on leave for two weeks while deployed to Vietnam and was mistakenly 
left off the list for award the Combat Infantryman Badge.  All others received their 
award.

   b.  He spent his entire tour in Vietnam in the bush.

3.  The applicant was inducted into the Army of the United States on 4 August 1970.

4.  He served in Vietnam during the period of 9 January 1971 to 14 October 1971 and 
he participated in two campaigns while assigned to Company D, 4th Battalion, 
31st Infantry Division, 196th Infantry Brigade.

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

   a.  item 6 (Military Occupational Specialties(MOS)) – 11B20 (Light Weapons 
Infantryman);

   b.  item 29 (Qualification in Arms) – he was awarded the Sharpshooter 
Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship 
Qualification Badge with Grenade Bar;

   c.  item 38 (Record of Assignments) – he received "excellent" conduct and efficiency 
ratings; and 

d.  item 41 (Awards and Decorations) – 

*	National Defense Service Medal
*	Vietnam Service Medal
*	one overseas service bar
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Army Commendation Medal (2nd Award)

6.  On 3 February 1972, he was honorably released from active duty.  His DD Form 214 
shows in:

   a.  item 22b (Total Active Service) – 1 year, 6 months, and 0 days;

   b.  item 22c (Foreign and/or Sea Service) – 0 years, 9 months, and 6 days;

   c.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) – 

*	National Defense Service Medal
*	Vietnam Service Medal with two bronze service stars
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Army Commendation Medal (2nd Award)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 
*	Expert Marksmanship Qualification Badge with Grenade Bar

7.  His available records are void of evidence showing he was recommended for or 
awarded the Combat Infantryman Badge.

?
BOARD DISCUSSION:

After review of the complete evidentiary record, including the applicant’s statement, 
aside from the Administrative Notes (below the signature), the Board found insufficient 
evidence that the applicant was eligible to receive 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 (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 authorized award of the Republic of Vietnam Gallantry Cross with 
Palm Unit Citation which is not listed on his DD Form 214:

?
REFERENCES:

1.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
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) provides Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  The Combat 
Infantryman Badge 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.  The unit in question must be a brigade, regiment, or 
smaller size.  For example, 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.  Battle or campaign participation credit alone is not sufficient; the unit must have 
been in active ground combat with the enemy during the period.  Personnel with other 
than an infantry or special forces MOS are not eligible, regardless of the circumstances.

3.  U. S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the 
time, governed the military awards program in Vietnam during the Vietnam War.  In 
effect at the time, provided for award of the Combat Infantryman Badge.  Appendix V 
stated the Combat Infantryman Badge 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).

4.  Department of the Army General Orders Number 8, dated 25 February 1974, 
announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 
Headquarters & Headquarters Company, 196th Infantry Brigade and its subordinate 
units during the period 1 April 1971 to 30 June 1971 and 1 March 1971 to 9 October 
1971.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20200000488


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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