IN THE CASE OF: BOARD DATE: 21 September 2021 DOCKET NUMBER: AR20200009912 APPLICANT REQUESTS: reconsideration of his request for award of the Combat Infantryman 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) * DA Form 20 (Enlisted Qualification Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * two DD Forms 215 (Correction to DD Form 214), 1 May 1997 and 17 January 2013 * Congressional Privacy Release Form, 7 January 2020 * two U.S. Army Human Resources Command (HRC) Letters, 14 January 2020 and 24 January 2020 * Army Review Boards Agency Letter, 4 December 2020 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130011484 on 18 February 2014. 2. The applicant requests reconsideration of his request for award of the CIB in accordance with Army Regulation 600-8-22 (Military Awards), paragraph 8-6 (CIB). He served in primary military occupational specialty (MOS) 11B1P (Light Weapons Infantryman – Parachutist) in ground combat during the period 7 March 1967 through 29 April 1967. There was an administrative error due to his assignment as a pathfinder for a short period of time. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or Ordered to Active Duty) – 18 August 1966 * item 27 (Military Occupational Specialties) – 11B2O – Light Weapons Infantryman * item 31 (Foreign Service) –24 February 1967 through 15 February 1968 – U.S. Army Pacific-Republic of Vietnam * item 38 (Record of Assignments) – * 7 March 1967 through 29 April 1967 – duty MOS 11B1P – pathfinder – 13th Combat Aviation Battalion Pathfinders, U.S. Army Pacific-Republic of Vietnam * 30 April 1967 through 14 February 1968 – duty MOS 11B2P – gunner – 336th Assault Helicopter Company, U.S. Army Pacific-Republic of Vietnam * 15 February 1968 – en route to the continental United States * item 41 (Awards and Decorations) – * Air Medal with eight bronze oak leaf clusters * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device * Aircraft Crewman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 4. He was honorably released from active duty and transferred to the U.S. Army Reserve on 11 June 1968. His DD Form 214 shows in: * item 22a(1) (Net Service This Period) – 1 year, 9 months, and 24 days * item 23a (Specialty Number and Title) – 11B2O Light Weapons Infantryman * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Air Medal with eight bronze oak leaf clusters * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device * Aircraft Crewman Badge * one overseas service bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 5. His DD Form 215, 1 May 1997, corrected item 24 of his DD Form 214 for the period ending 11 June 1968 by adding the following awards: * Purple Heart * Numeral 34 and "V" Device to his already issued Air Medal * three bronze service stars to his already issued Vietnam Service Medal * the Device (1960) to his already issued Republic of Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 6. His DD Form 215, 17 January 2013, corrected item 24 of his DD Form 214 for the period ending 11 June 1968 by adding the Army Commendation Medal with "V" Device 7. On 18 February 2014, the ABCMR denied his request for correction of his DD Form 214 to show the award of the CIB for his service in the Republic of Vietnam. The Board determined: a. He was assigned as a pathfinder with the 13th Combat Aviation Battalion Pathfinders in 1967 and as a gunner with the 336th Assault Helicopter Company in 1967 and 1968. However, his records do not show he served in active ground combat against the enemy while assigned to an infantry unit. b. Award of the CIB requires service in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 8. The HRC letter, 14 January 2020, responded to the applicant's Congressional representative regarding the applicant's desire to obtain the CIB, stating: a. HRC is unable to act favorably upon the request. HRC reviewed the documentation provided and noted the applicant served as a gunner with the 336th Assault Helicopter Company. As the applicant was not serving with an infantry unit, he is not entitled to award of the CIB. b. The basic criteria for award of the CIB require the Soldier to be serving as an infantryman and to be assigned or attached to an infantry unit of brigade or smaller size while that unit was actively engaged in ground combat with the enemy. 9. The HRC letter, 24 January 2020, again responded to the applicant's Congressional representative regarding the applicant's desire to obtain the CIB, stating the applicant must have at least been assigned or attached to an infantry unit while that unit was actively engaged in ground combat with the enemy as stated in their previous response. The 13th Aviation Battalion is not an infantry unit; as such, the applicant does not qualify for award of the CIB. 10. The applicant's records contain no evidence showing he was assigned or attached to an infantry unit of brigade or smaller size during his service in Vietnam. Headquarters, Department of the Army General Orders 22, 24 May 1968; General Orders 21, 8 April 1969; and General Orders 43, 12 August 1970; all show the 13th Combat Aviation Battalion was a subordinate element of the 1st Aviation Brigade. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board determined there is insufficient evidence to amend the previous Board’s decision. The Board recognizes the applicant’s valorous actions in combat as an infantryman; however, regulatory guidance is clear on the requirement of being assigned or attached to an infantry unit to receive a CIB. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 to amend the decision of the ABCMR set forth in Docket Number AR20130011484 on 18 February 2014. 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. REFERENCES: 1. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 672-5-1 (Awards), change 18, 8 April 1968, provided that the primary purpose of the awards program is to provide tangible evidence of public recognition for acts of valor and for exceptional service or achievement. Medals constitute one of the principal forms for such evidence. Paragraph 96 (Combat Infantryman Badge) stated an individual must be an infantry officer in the grade of colonel or below, or an enlisted man or a warrant officer with an infantry MOS who, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Battle participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. 3. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 8-6b (CIB) provides that for award of the CIB, a Soldier must meet the following three requirements: a. be an infantry Soldier satisfactorily performing infantry duties, b. be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and c. actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009912 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1