IN THE CASE OF: 

		BOARD DATE: 15 June 2022

		DOCKET NUMBER: AR20210017710


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) for the period ending 9 April 1970 to 
show 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)
*	Headquarters, U.S. Army Vietnam Transient Detachment, Vietnam, Special 
Orders Number 255, 12 September 1969
*	Headquarters, 1st Cavalry Division (Airmobile), Vietnam, General Orders 
Number 4135, 20 March 1970
*	1st Cavalry Division (Airmobile) Vietnam Combat Certificate for the period 
7 September 1969 to 7 April 1970
*	DD Form 214
*	four pages of photographs
*	Oregon Department of Veterans' Affairs Letter, 4 August 2008
*	National Personnel Records Center (NPRC) Letter, 14 October 2008

FACTS:

1.  The applicant did not file within the 3-year time frame 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 with the 34th Infantry Platoon (Scout Dog) 
for which he was awarded a Bronze Star Medal. His military occupational specialty 
(MOS) 11F2O (Scout Dog Handler) is an infantry MOS. He was awarded the CIB and 
wore it on his uniform upon returning to the States. However, it was not annotated on 
his DD Form 214 nor did he receive the award set or certificate.

3.  He was inducted into the Army of the United States on 14 March 1967. He 
completed his initial entry training and was awarded MOS 11B1O (Light Weapons 
Infantryman).

4.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Special Orders 
Number 176, 25 June 1968, awarded him the Expert Marksmanship Qualification Badge 
with Rifle Bar (M-14) effective 19 June 1968.

5.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Special Orders 
Number 233, 21 August 1968, awarded him the Sharpshooter Marksmanship 
Qualification Badge with Machine Gun Bar (M-60) effective 5 August 1968.

6.  Headquarters, The Candidate Brigade, U.S. Army Infantry School, Fort Benning, 
Special Orders Number 149, 21 November 1968, awarded him the Sharpshooter 
Marksmanship Qualification Badge with Rifle Bar (M-16) effective 31 October 1968.

7.  He was awarded primary MOS 11F2O (Infantry Operations and Intelligence 
Specialist – Scout Dog Handler) effective 25 June 1969.

8.  Headquarters, U.S. Army Vietnam Transient Detachment, Vietnam, Special Orders 
Number 255, 12 September 1969, assigned him to the 34th Infantry Platoon 
(Scout Dog) effective 19 September 1969 in MOS 11F2O.

9.  Headquarters, 1st Cavalry Division (Airmobile), Vietnam, General Orders 
Number 4135, 20 March 1970, awarded him the Bronze Star Medal for meritorious 
service in the Republic of Vietnam during the period September 1969 to March 1970 
while assigned to the 34th Infantry Platoon (Scout Dog).

10.  He was honorably released from active duty on 9 April 1970 and transferred to the 
U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 11 months, 
and 2 days of total active service. His DD Form 214 shows in:

*	item 22c (Foreign and/or Sea Service) – U.S. Army Pacific – 7 months
*	item 23a (Specialty Number and Title) – 11F2O Scout Dog Handler
*	item 24 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) –

*	Bronze Star Medal
*	Air Medal
*	National Defense Service Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)

*	item 30 (Remarks) – Republic of Vietnam: 8 September 1969-8 April 1970

11.  His military records do not contain orders awarding him the CIB.

12.  He provided:

	a.  a 1st Cavalry Division (Airmobile) Vietnam Combat Certificate showing he 
faithfully served his country with the 34th Infantry Platoon (Scout Dog) in the Republic of 
Vietnam during the period 7 September 1969 to 7 April 1970;

	b.  four photographs showing someone handling a dog, a photograph of him in 
uniform bearing the CIB with his family, and several photographs of his uniform bearing 
the CIB;

	d.  an Oregon Department of Veterans' Affairs letter to the NPRC, 4 August 2008, 
requesting award of the CIB for his service in Vietnam while performing combat duties 
in MOS 11F2O; and

	e.  an NPRC letter to the applicant, 14 October 2008, noting the NPRC had no 
authority to receive and approve corrections to military records and found no evidence 
in his records that authorized him award of the CIB. It directed him to apply to this 
Board.

13.  His records contain:

	a.  a U.S. Army Human Resources Command letter, 29 May 2009, in response to his 
request for authorized awards, including the CIB. The Chief, Military Awards Branch, 
determined the evidence/documentation he provided did not show his participation in 
actual ground combat even through his MOS qualified him for the CIB. The Chief, 
Military Awards Branch, further noted he was eligible for additional awards, which were 
included on a DD Form 215 (Correction to DD Form 214); and

	b.  a DD Form 215, 29 May 2009, showing additional awards. The DD Form 215 
does not list the CIB.

BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the applicant's military records, the Board found that relief was not warranted. 
The Board carefully considered the applicant's record of service, documents submitted 
in support of the petition and executed a comprehensive and standard review based on 
law, policy and regulation. Upon review of the applicant’s petition, available military 
records and the U.S. Army Human Resources Command memorandum, Military 
Awards Branch, the Board concurred with the advising official finding the supporting 
documentation provided by the applicant did not show his participation in actual ground 
combat even through his MOS qualified him for the Combat Infantryman Badge (CIB). 
The Board determined per regulatory guidance, the applicant did not meet the criteria 
for award of the CIB, whereas he 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. Based on this, the Board denied relief. 

2. Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction is completed to more accurately depict 
the military service of the applicant. 


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:

Except for the correction addressed in Administrative Note(s) below, the Board found 
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 administrative correction of his DD Form 214 for the period 
ending 9 April 1970 without Board action to show the following awards:

*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

?
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 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR. The ABCMR will decide cases on the evidence of 
record; it is not an investigative body. The Board 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.

3.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry or 
special forces officers and enlisted and warrant officer persons who have an infantry or 
special forces 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. 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. A Soldier must meet the following three requirements 
for award of the CIB:

	a.  be an infantryman 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.

4.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), appendix V, 
provided that during the Vietnam era, the CIB was awarded only to enlisted individuals 
who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

5.  Army Regulation 635-5 (Separation Documents), 23 January 1967 and in effect at 
the time, prescribed the separation documents that must be prepared for Soldiers upon 
retirement, discharge, or release from active duty service or control of the Active Army. 
It established standardized policy for preparing and distributing the DD Form 214. The 
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. 
It provides a brief, clear-cut record of active duty service at the time of release from 
active duty, retirement, or discharge. The detailed instructions for item 24 for enlisted 
personnel stated to enter all decorations, service medals, campaign credits, and badges 
awarded or authorized from item 41 (Awards and Decorations) of the DA Form 20 
(Enlisted Qualification Record), omitting the authorities cited therein.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210017710


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1