ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:BOARD DATE:  24 October 2022 DOCKET NUMBER: AR20220002865 


APPLICANT REQUESTS: award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) by adding military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•DD Forms 214 for the periods 30 August 1968 to 21 August 1971; 1 February 1973to 22 August 1974; and 23 August 1974 to 22 August 1978

•two third-party statements



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states:

a.During his service in Vietnam, he served in MOS 11B but was not awarded theMOS. He earned the Purple Heart and the Bronze Star Medal while serving as an infantryman.   

b.He arrived in Vietnam in November 1968 and was assigned to the 25th InfantryDivision. After completing his in-processing, he was assigned to B Troop, 3rd Squadron, 4th Calvary. He reported to B Troop Headquarters and at that time he was assigned to 2nd platoon. The platoon was out in the field and he was transported by truck to the 2nd platoon's location. After arriving, he reported to the platoon leader who asked him what his MOS was. He informed him that his MOS was 11E (Armor Crewman) and the platoon leader told him that he did not need a tanker and that he needed dismount infantrymen and to report to vehicle 22 (113A1l) as a dismount. He served as a dismount from November 1968 until he was wounded on 21 February 1969.  
c.In December 1968, his platoon leader was wounded and shipped back to thestates. His replacement was Lieutenant T. During his tour of duty, he participated in conducting search and destroy missions, ambush sweeps to secure convoy roads, and as blocking force to restrict enemy movement. All this was as an infantryman in the Iron Triangle, Boi Loi Woods, rubber tree plantations, and the parrot's beak area. On  
21 February, he was walking point with Sergeant R when they made contact with an enemy force. They returned to their platoon and reported to Lieutenant T what had happened. Lieutenant T ordered them to mount up and get ready for contact. As soon as he got on his vehicle, they we were attacked and he was wounded in the first charge. 

3.The applicant enlisted in the Regular Army on 29 December 1967. His DA Form 20(Enlisted Qualification Record) shows he was awarded MOS 11E upon completion ofinitial entry training. He reenlisted on 30 August 1968.

4.The applicant's DA Form 20 shows he arrived in Vietnam on 18 November 1968 andwas assigned to Troop B, 3rd Squadron, 4th Cavalry, 25th Infantry Division, with dutiesin MOS 11E. The DA Form 20 further shows he was wounded in action on 21 February1969 and he was returned to the Unites States in a patient status on 7 March 1969.

5.The applicant's DD Form 214 shows he was released from active duty andtransferred to the U.S. Army Reserve on 21 August 1971. The DD Form 214 shows hisMOS as 11E.

6.The applicant provided additional DD Forms 214 showing he also served on activeduty in the Regular Army from 1 February 1973 to 22 August 1978. The DD Forms 214confirm he was awarded the Purple Heart and the Bronze Star Medal with V Device(heroism/2nd award) for actions during his service in Vietnam.

7.The applicant also provided:

a.A statement from Major (MAJ) H (Retired), a former member of the applicant'sunit in Vietnam, stating the following: 

I served as platoon leader and troop commander of B Troop, 3rd Squadron, 4th Cavalry, (3-4CAV) 25th Infantry Division in the Republic of Vietnam from June 1968 through February 1969 and later S3-Air. During the period on or about 15 November 1968 to 21 February 1969, [the applicant] performed the duties of an infantryman. 
11B, although he was an 11E1O, Armored Crewman. He served on track 22, infantry track, 2nd platoon. He performed mounted and dismounted combat as an infantryman and provided security and other duties as directed by his platoon leader and troop commander. 

The combat mission of the 3-4 CAV in Vietnam was to conduct search and destroy 
missions, convoy security, reconnaissance in force, firebase security and a myriad of other combat missions. The 3-4 CAV operated extensively throughout the III Corps Area of Operations. The unit was based out of Cu Chi base camp. During a 90 day period beginning in November 1968, the unit was in contact with the enemy 1 out of every 3 days. During his tour in Vietnam, [the applicant] received the Purple Heart and two Bronze Star Medals with V device for valor. 

[The applicant] served more than 90 days as an infantryman. The amount of time required for On the Job Training (OJT) to be awarded an additional MOS. He should have been awarded the CIB in the performance of his duties as an infantryman. [The applicant] should not be penalized for improper actions by the personnel office at squadron headquarters by not processing the paperwork to award him the 11B MOS. 

b.A statement from his State Representative stating the following:

(1)It is my honor to provide this letter in support of the applicant's request for theCIB. He served honorably in the U.S. Army from 30 Aug 30 1968 until 22 August 22 1978, obtaining the rank of staff sergeant, and had proudly served in Vietnam earning a Purple Heart, Bronze Star, Vietnam Service Medal, Vietnam Commendation Medal, and the National Defense Service Medal. During his career he served as 11E20 (Gunner), 19E30 M60 A1 Tank Crew Member, and Artillery Repairman. 

 (2).  During his deployment to Vietnam his MOS was 11E20, Armor Crewman. He served with 3rd Squadron 4th Calvary Division (3-4) 25th Infantry aboard a Bradley Fighting Vehicle. In combat situations he had to perform the duties of an infantry Soldier to include dismounted combat. As certified by MAJ H, who served as troop commander B Company 3-4 CAV, "[The applicant] served more than 90 days as an infantryman. The amount of time required for OJT to be awarded an additional MOS. He should have been awarded the CIB." 

 (3).  It is my understanding that the CIB Is reserved for Infantrymen and Special Forces Soldiers who fought in active ground combat while assigned as members of an infantry or Special Forces unit, however, MAJ H provides a strong and compelling argument of why the applicant should be awarded the CIB. 

8.The applicant had previously submitted an application to the ABCMR requestingaward of the CIB. However, his application was transferred to the U.S. Army HumanResources Command (AHRC), Awards and Decorations Branch, for their adjudication.

9.In a letter dated 9 July 2019, AHRC informed the applicant the following:

a.Based upon review of the forwarded documentation and your Army Human
Resource Record, we are unable to authorize award of the CIB for issuance. The basic criteria for the CIB during the Vietnam era required the Soldier to hold an infantry MOS, 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 with the enemy. Being assigned to a qualifying unit and possessing a qualifying MOS are insufficient for award of the CIB.  

b.We have determined you possessed MOS 11E (Armor Crewman). During theVietnam War, the 11 Series MOS consisted of both Infantryman and Armor specialties. Although both Infantryman and Armor Soldiers were in the same series, not all of these Soldiers possessed an Infantryman MOS, and therefore, not all of these Soldiers were eligible to receive the CIB. The MOS of 11 E was not considered an Infantryman MOS during this period. Therefore, it appears you do not meet the regulatory criteria for  
award of the CIB. 

BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was warranted. The Board carefullyconsidered the applicant’s contentions, the military record, and regulatory guidance.One possible outcome was to deny relief. However, the majority of Board membersconsidered the applicant’s period of service, the available eyewitness accounts, theinfantry unit to which he was assigned, and documentation supporting actionsperformed as an 11B, to include dismounted combat, as determiners that the applicantserved as an 11B. Based on the preponderance of the documentation available forreview, the Board determined the evidence presented sufficient to warrant arecommendation for relief.2.One Board member determined that although the applicant may have performedduties as an infantryman, it was not his assigned MOS and performing duties outside ofa Soldier’s MOS is not uncommon during combat. However, even though his service iscommendable, he does qualify for the Combat Infantry Badge.
BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: :XXX :XXX GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XXX : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 
The Board determined the evidence presented 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 amending his DD214 for the period ending 21 August 1971 to show the award of the Combat Infantry Badge.  





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IREFERENCES: 

1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice. This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3-year statute of limitations if the ABCMR determines itwould be in the interest of justice to do so.

2.Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantryofficers and to enlisted and warrant officers who have an infantry MOS. They must haveserved in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

3.Appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards)states that during the Vietnam era, the CIB was awarded only to enlisted Soldiers whoheld MOS 11B, 11C, 11D, 11F, 11G, or 11H. Appendix V also states the criteria for theCIB are based on the principle that the infantry MOS identifies the man who is trained,lives, and fights as an infantryman. The CIB is the unique award which was establishedto recognize the infantryman and only the infantryman, for his service. The CIB hassucceeded in its basic purpose of distinguishing the infantryman and has maintained themorale and distinction of our basic fighting arm. Further, the CIB is not an award forbeing shot at or for undergoing the hazards of day to day combat. Other awards anddecorations are designed to accommodate these situations.

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