IN THE CASE OF: BOARD DATE: 9 May 2022 DOCKET NUMBER: AR20220000261 APPLICANT REQUESTS: retroactive award of the combat infantryman badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) and addendum, dated 20 August 2021 * self-authored statement, dated 1 February 2022 * Imjin Scout Certificate, dated July 1969 * letter of appreciation, dated 19 March 1970 * Military Airlift Command Transportation Authorization, dated 15 April 1970 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending 23 April 1970 * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 9 August 1982 * DD Form 215 (Correction to DD Form 214), dated 18 January 2013 * Letter of support and affidavit from Mr. dated 16 April 2018 * Letter of support, Mr. dated 27 April 2018 * Letter of support, Mr. dated 1 May 2018 * DD Form 4187 (Personnel Action), dated 13 October 2018 * letter, Awards and Decorations Branch (ADB), U.S. Army Human Resources Command (HRC), dated 1 March 2019 * Standard Form (SF) 180 (Request Pertaining to Military Records), dated 23 July 2021 * hand-drawn map, undated * 16 pages of documents from the Service Records of other Soldiers (the individuals who provided the letters of support) * CIB Orders, Mr. RGM dated 18 December 2018 * ABCMR Docket Number AR20190000248, (Mr.), dated 23 November 2020 * Letter from the Army Board for Correction of Military Records (ABCMR)), Mr., dated 24 May 2021 * Letter Army Review Boards Agency (ARBA), Mr., dated 12 July 2021 * CIB Orders, Mr., dated 12 July 2021 * DD Form 215 (Correction to DD Form 214), Mr., dated 12 July 2021 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, in effect: a. New evidence shows that a fire-fight that he was involved in on 12 April 1969 at the demilitarized zone (DMZ) of Korea is sufficient to award him the CIB. b. He is providing evidence of two other patrol members on the ambush patrol with him; Sergeant (SGT) and SGT who were both awarded the CIB. Both Soldiers were with him along with other members in the firefight between his unit, Alpha Company, 3rd Battalion, 23rd Infantry, and North Korea forces. Their mission was to patrol and set up a night ambush positions on the 38th Parallel at the DMZ, Korea. c. The evidence meets the criteria for award of the CIB. He held a military occupational specialty in infantry (11B), he was assigned to an infantry unit or brigade, and he was actively engaged in ground combat with the enemy. d. On March 9, 2019, he received an HRC rejection letter of his request for the CIB. 3. The applicant enlisted in the Regular Army for 3 years on 26 February 1968, and he was trained in and awarded military occupational specialty (MOS) MOS 11B (Light Weapons Infantryman) on 12 July 1968. 4. His DA Form 2-1 (Personnel Qualification Record) shows he: * served in Korea from 22 March 1969 to 16 April 1970 * completed a 9-week training course at the Advanced Combat Training Academy (ACTA), 2nd Infantry Training Academy, Korea in 1969 5. He provided copies of: a. Imjin Scout Certificate, July 1969, showing he was awarded the Imjin Badge/Patch while assigned to Company A, 3d Battalion, 23d Infantry, Korea for completing operational missions along the DMZ, Korea. b. Letter of Appreciation, for outstanding and meritorious service as a squad leader and patrol member with Company A, 3d Battalion, 23d Infantry during the period of March 1969 to April 1970. The letter reads, in part, "Volunteering as a patrol member during over 70 missions in the Korea DMZ, he served as a point man showing skill, dependability, and courage. On four engagements with North Korean Agents his example and bravery were a credit to his Company, Battalion and the 2d Infantry Division." c. A MAC Transportation Authorization issued by Headquarters, 2d Infantry Division on 15 April 1970, for travel from Kimpo Air Base, Korea to Fort Riley, KS. 6. On 9 August 1982, he was retired by reason of disability. His DD Form 214 shows primary MOS as 11B and 19D (Cavalry Scout). 7. On 18 January 2013, the applicant was issued a DD Form 215, but the correction did not include award of the CIB. 8. He provided copies of: a. A letter of support from 27 April 2018, a former Soldier who stated, in effect, he served in Korea with the applicant, he was assigned to A Company, 3d Battalion, 23d Infantry, and he went on patrols with the applicant in the DMZ, Korea. Some of the patrols lasted 24 to 36 hours and resulted in unidentified individual (UI) incidents. On the night of 12 April 1969, there was an incident where he and the applicant, and other Soldiers in the patrol were fired on and also returned fire. At first light they went to the source of the return fire and found spent shells. There were no injuries. b. A letter of support from 1 May 2018, a former Soldier who stated he was assigned to the same unit as the applicant, he was assigned to the same patrol as the applicant was on 12 April 1969 at the DMZ, and he was involved in the ambush of that night. He and the applicant were also involved in other incidents while on patrol at the DMZ. c. Permanent Orders Number 352-003 issued by HRC, 18 December 2018, awarding the CIB to a former Soldier who served with the applicant in his unit and was on patrol with him at the DMZ on 12 April 1969, for his satisfactory performance of duty while under hostile fire on 12 April 1969. d. A letter from HRC, dated1 March 2019, which reads in part: (1) We are unable to authorize an award of the CIB. The basic criteria for the award require a Soldier to hold a MOS of Infantry; to be assigned or attached to an Infantry, Ranger or Special Forces unit of brigade or smaller size; and to satisfactorily participate while his unit was actively engaged in ground combat will the enemy. While we acknowledge that you held a qualifying MOS and served with a qualifying unit; these factors alone are insufficient for award of the CIB. (2) We acknowledge receipt of the provided witness statements concerning your involvement in an ambush patrol on April 12, 1969, however this event is not listed in the 2d Infantry Division Lesson Learned Report from 1969, the morning reports from Company A, 23d Infantry Regiment, or 3d Battalion Annual Historical Supplement, dated March 6, 1970. Neither the Lesson Learned Report or unit report denote any events from April 1969; the unit report of the morning reports from Company A, 23d Infantry Regiment. It appears you were not assigned to this unit until April 2, 1969. In the absence of official documentation confirming your satisfactory performance in combat, we must conclude you do not qualify for an award of the CIB. e. ABCMR Docket Number AR2019000248, 23 November 2020, granting a Former Soldier who served with the applicant on the DMZ in Korea, the award of the CIB for the events of 12 April 1969. f. A DD Form 215 (Correction to DD Form 214), for a Former Soldier who served with him on the DMZ in Korea, the award of the CIB. g. Permanent Orders Number 193-07 issued by ARBA, 12 July 2021, awarding the CIB to a former Soldier who served with the applicant in his unit and was on patrol with him at the DMZ on 12 April 1969, for his satisfactory performance of duty while under hostile in accordance with the prescribed rules of engagement fire on 12 April 1969. 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, HRC correspondence and regulatory guidance were carefully considered. Although the documentation available for review indicates that the applicant held the correct Military Occupational Specialty (MOS) of Infantry, evidence is insufficient to determine compliance with regulatory guidance for the award of the CIB. Based on the preponderance of evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 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: 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. 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 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 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The CIB is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces military occupational specialties. 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 military occupational specialties in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. 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 military occupational specialties are not eligible, regardless of the circumstances. 4. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) prescribed policies, responsibilities, and criteria in order to insure prompt and proper recognition of individuals. It provided for award of the CIB during the Vietnam era. Appendix V stated the CIB 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). //NOTHING FOLLOWS// BCMR Record of Proceedings (cont) AR20220000261 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1