IN THE CASE OF: 
BOARD DATE: 5 May 2023 
DOCKET NUMBER: AR20220009484
 
APPLICANT REQUESTS: the Combat Infantryman Badge be added to his service records. 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
. 
DD Form 149 (Application for Correction of Military Record) 

. 
Photographs of killed Soldiers 

. 
Photographs of damaged military vehicles 

. 
Written statement 


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 his squad was on patrol in Vietnam in 1969. The squad was ambushed by enemy and fighting took place all night. In the morning, he took pictures of the aftermath (see attached copies of photos). The platoon sergeant stated that the squad would be submitted for the Combat Infantryman Badge (CIB), but they never received it. He has also attached a written statement. In that statement, he states during the ambush, the patrol received RPG and small arms fires. He called in air support. The platoon sergeant told them they would be put in for the CIB. 

3. 
Review of the applicant’s service records shows: 


a. He was inducted into the Army of the United States on 11 September 1968. He was trained in and held military occupational specialty 11B (Light Weapons Infantryman). 
b. His DA Form 20 (Enlisted Qualification Record) shows in: 
(1) 
Item 31 (Foreign Service) he served in Vietnam from 4 February to 24 May 1969. 

(2) 
Item 38 (Record of Assignments) he was assigned to K Troop, 3rd Squadron, 11th Armored Cavalry Regiment in Vietnam. 

c. 
He was honorably released from active duty on 12 December 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 11 months, and 28 days of active service. It also shows he was awarded or authorized: 

. 
National Defense Service Medal 

. 
Vietnam Campaign Medal 

. 
Vietnam Service Medal 

. 
Expert Marksmanship Badge with Rifle Bar, M-14 

. 
Marksman Marksmanship Badge with Rifle Bar, M-16 

. 
Expert Marksmanship Badge with M-60 Machine Gun 




5. 
His service record does not contain special orders awarding him the Combat Infantryman Badge. Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge as an authorized award. 

6. 
By regulation (AR 600-8-22) there are three requirements for award of the Combat Infantryman Badge: 

. 
the Soldier must be an infantryman satisfactorily performing infantry duties 

. 
the Soldier must be assigned to an infantry unit during such time as the unit is engaged in active ground combat 

. 
the Soldier must actively participate in such ground combat 



7. 
USARV 672-1 also authorized the award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 

8. 
As a related award, although not specifically requested by the applicant, his record does not contain any other derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal. Additionally, the applicant’s DA Form 20 shows he received excellent conduct and efficiency ratings throughout the period covered by his DD Form 214. 

9. 
By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service 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. 
BOARD DISCUSSION: 
1. 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant’s contentions, the military record, and regulatory guidance on the award of the Combat Infantry Badge. Documentation available for review shows that the applicant served in Vietnam as an 11b assigned to an infantry division. The Board reviewed his supporting DA Form 20 showing participation in two counter offenses and determined the applicant was eligible for the award of the Combat Infantry Badge and that it be awarded. 

2. 
Upon further review, the Board noted that the applicant was eligible for an award not otherwise requested. In the absence of documentation that would otherwise be disqualifying, the Board determined he is eligible for and should be awarded the Army Good Conduct Medal 

3. 
. 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 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 
BOARD DETERMINATION/RECOMMENDATION: 
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 reissuing the applicant a DD Form 214 for the period ending 12 December 1969 showing block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show the following: 
. 
Combat Infantry Badge 

. 
Army Good Conduct Medal 


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): A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214: 
. 
2 bronze service stars to be affixed to his already-awarded Vietnam Service Medal 

. 
Republic of Vietnam Gallantry Cross with Palm Unit Citation 


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 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. 

3. 
U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated: 


a. 
The 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/military occupational specialty 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. 

b. 
Appendix V of USARV Regulation 672-1, Decorations and Awards, states that 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. 

c. 
USARV 672-1 also authorized the award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 


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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered after 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 

5. 
Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. [During the applicant’s service in Vietnam from on or about 4 February to 24 May 1969], the following campaigns were authorized: 

. 
Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969 

. 
TET 69 Counteroffensive, 23 February 1969—8 June 1969 



6. 
DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows [during the applicant’s service in Vietnam from on or about 4 February 1969 to 24 May 1969 with 3rd Squadron, 11th Armored Cavalry Regiment, this unit was awarded: Republic of Vietnam Gallantry Cross w/Palm Unit Citation, from 1 May 1969 to 15 February 1970 by DA General Orders Number 50, dated 1971. 


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