IN THE CASE OF: 
BOARD DATE: 3 May 2023 
DOCKET NUMBER: AR20220008443 


APPLICANT REQUESTS: in effect, award of the Combat Infantryman Badge. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 

•DD Form 149, Application for Correction of Military Record

•DD Form 214, Armed Forces of the United States-Report of Transfer orDischarge

•DD Form 215, Correction to DD Form 214



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 theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states, in effect, he served meritoriously with the 327th Infantry, underhostile conditions in ground combat operations. He deserves the CIB because heearned it. His other meritorious awards are consistent with the CIB.

3.A review of the applicant's record shows he met the criteria for an addition award notlisted on his DD Form 214; this will be addressed with an administrative correctionwithout action by the Board.

4.The applicant was inducted into the Army of the United States on 28 January 1969.His records show he completed training and awarded military occupational specialty(MOS) 11B (Light Weapons Infantryman). The highest rank/grade he attained whileserving on active duty was specialist four/E-4.

5.His DA Form 20, Enlisted Qualification Record, contains the following informationand/or entries:

a.He served in the Republic of Vietnam from 1 July 1969 to 30 June 1970. He wasassigned to Company D, 2nd Battalion, 327th Infantry from 25 July 1969 to 26 June 1970. 

b.Item 38 of his DA Form 20 further shows he received "excellent" conduct andefficiency ratings at all his active-duty assignments. 

c.Item 41, Awards and Decorations, does not list the Combat Infantryman Badge.

6.His record is void of orders awarding him the Combat Infantryman Badge.

7.On 27 October 1970, he was honorably released from active duty after completing
1 year, and 9 months of total active service with 1 year of foreign service. HisDD Form 214 and subsequently issued DD Form 215 (Correction to DD Form 214) notinclude the CIB in the list of awards listed in item 24 (Decorations, Medals, Badges,Commendations, Citations and Campaign Ribbons Awarded or Authorized). His
DD Form 214 lists the following awards:

•Army Commendation Medal

•Bronze Star Medal

•National Defense Service Medal

•Republic of Vietnam Campaign Medal with Device 1960

•Vietnam Service Medal with 3 bronze service stars

•2 Overseas Bars

•Expert Marksmanship Qualification Badge with Rifle Bar (M-60)

•Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

•Republic of Vietnam Gallantry Cross with Palm Unit Citation



8.There is no evidence in the available records that shows he was awarded the ArmyGood Conduct Medal; however, neither is there evidence of a commander'sdisqualification for the award. Additionally, there is no evidence of any convictions bycourts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code ofMilitary Justice.

9.The Combat Infantryman Badge is awarded to infantry officers and to enlisted andwarrant officer persons who have an infantry MOS. They must have served in activeground combat while assigned or attached to an infantry unit of brigade, regimental, orsmaller size.


BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was/was not warranted. The Boardcarefully considered the applicant's record of service, documents submitted in supportof the petition and executed a comprehensive and standard review based on law, policyand regulation.  Upon review of the applicant’s petition and available military recordsBoard found evidence in the record that show the applicant served as an 11B (LightWeapons Infantryman) and was assigned to Company D, 2nd Battalion, 327th Infantryfrom 25 July 1969 to 26 June 1970. Based on governing regulation the applicant metthe criteria to be awarded the Combat Infantryman Badge (CIB). During deliberation theBoard determined the applicant's service record did not reflect he was awarded theArmy Good Conduct Medal (AGCMDL) 1st award and his record shows he received"excellent" conduct and efficiency ratings throughout his service.  Therefore, relief wasgranted to correct the applicant’s record and award him the Army Good Conduct Medal.
and the Combat Infantryman Badge.

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


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:X :X :X GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 



BOARD DETERMINATION/RECOMMENDATION: 

In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge (CIB) and the Army Good Conduct Medal (1st Award) for exemplary service from 28 January 1969 to 27 October 1970 and adding the medal to his DD Form 214 for the period ending 27 October 1970. 



Microsoft Office Signature Line...
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 NOTES: 

A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 27 October 1970.  As a result, amend his DD Form 214 by adding the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 


REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge isawarded to infantry officers and to enlisted and warrant officer persons who have aninfantry MOS. They must have served in active ground combat while assigned orattached to an infantry unit of brigade, regimental, or smaller size. Additionally,Appendix V of U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) statesthat 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. 
 
3.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) also stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat." This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 
 
4.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 
 
5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Department of the Army General Orders 48, dated 1971, cited 2nd Battalion, 327th Infantry for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 18 March 1968 to 2 May 1970. 
 
//NOTHING FOLLOWS//