IN THE CASE OF: BOARD DATE: 28 March 2023 DOCKET NUMBER: AR20220004083 APPLICANT REQUESTS: brother of a service member (SM), requests reversal of the U.S. Army Human Resources Command (HRC) denial of his brother’s awards of the Combat Infantryman Badge and Pathfinder Badge. He also asks that his brother be considered for award of the Combat Action Badge. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statements * FSM’s award of the Bronze Star Medal and citation * Denial letter from HRC 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: a. He is not sure where this request is to be directed. He sent a similar one to HRC. On 19 December 2020, as the advocate for he submitted documentation as noted in the attached letter for consideration of the Combat Infantryman Badge and Pathfinder Badges. That request was denied. He was also recently informed that H.R. 853 Combat Action Badge Eligibility Act specifies a retroactive provision if combat related activities fall between December 7, 1941 and September 17, 2011. His brother served as an Assistant Commander of a Pathfinder Detachment during Hostile action from 4 February 1966 to 22 April 1967. The letter from HRC and attachments referred back to the detailed description of the Bronze Star Citation, General Orders 1379, dated 18 November 1967. If the ABCMR is the proper venue for this request, he asks that the Board process this action. Otherwise, HRC will have a similar set of papers. b. Given the nature of the negative decision, there is an outcome worthy of his actions while serving as an Assistant Commander of a Pathfinder Detachment. He refers to the Congressional Act/bill that wants to expand the period of eligibility for the Combat Action Badge from December 7, 1941 through September 17, 2011. The SM time frame was from 7 February 1967 to 22 April 1967. The SM was presented in his Bronze Star Citation which amongst other duties, outlined those tasks that as a Pathfinder on Special Operations performed. 3. Review of the SM’s service records shows: a. On 2 June 1963, the SM was appointed as a Reserve commissioned officer and he executed an oath of office. On 2 February 1964, he was ordered to active duty. b. The SM held areas of concentration: 1203, tank Unit Commander; 1204, Reconnaissance Commander, and 1981, Rotary Wing Aviator. c. He served in Vietnam, as an Aviator, from 18 November 1966 to 10 November 1967. He was assigned to various units including: * 162nd Aviation Company, 22 November 1966 to 6 February 1967 * HHC, 269th Combat Aviation Battalion, 7 February 1967 to 21 April 1967 * HQ, II Field Force Vietnam, 22 April to 7 November 1967 d. On 24 June 1967, General Orders Number 1011, issued by the II Field Force Vietnam, awarded the SM the Distinguished Flying Cross for his actions on 14 May 1967. The citation reads: [The SM] distinguished himself by heroism while participating in aerial flight evidenced by voluntary action above and beyond the call of duty in the Republic of Vietnam on 14 May 1967 while serving with the Aviation Detachment, II Field Force Vietnam. On this date, the SM was the pilot of an unarmed helicopter transporting the II Field Force Vietnam Staff Chaplain to Special Forces camps in the III Corps area for Sunday services. Arriving at Cau Song Be Special Forces Camp, he learned that a Civilian Irregular Defense Group company was engaged in heavy fighting with a numerically superior Viet Cong force a few miles away. Disregarding his own safety, he volunteered his services to fly in reinforcements and evacuate wounded personnel. To successfully land on a narrow dirt road flanked by bamboo thickets and heavy foliage, he had to use his rotors to cut through the dense underbrush, an extremely hazardous undertaking. Reinforcing troops were unloaded and the casualties were placed on the aircraft. Again using the rotors to clear a path for takeoff, he brought the wounded Soldiers safely back to Cau Song Be. Upon landing, he was asked to return to evacuate the entire company. He again courageously volunteered his services, disregarding his own safety. Sharing the flying responsibilities with the aircraft commander, he made four trips. The danger increased with each lift, not only because of the reduced number of personnel left to protect the perimeter against an intensified enemy attack, but because radio contact had been lost with the tactical air support aircraft and the helicopter had to be maneuvered through friendly air support fire and artillery fire flanking their flight path. Through the valiant efforts of [the SM], the Civilian Irregular Defense Group company was rescued and their casualties evacuated successfully. His exemplary professional skill and determination in the face of hostile fire and extreme danger to his own safety were instrumental in the successful accomplishment of the aircrafts mission. [The SM's] extraordinary accomplishment was in keeping with the highest traditions of the military service and reflects great credit upon himself, II Field Force Vietnam and the United States Army. e. He was honorably released from active duty on 12 October 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as amended by a DD Form 215 (Correction to DD Form 214) show she as awarded or authorized: * National Defense Service Medal * Army Aviator Badge * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal * Air Medal (25th Award) one awarded for valor * Bronze Star Medal * Distinguished Flying Cross * Purple Heart (3rd Award) * Valorous Unit Commendation * One overseas service bar * Meritorious Unit Commendation’ * republic of Vietnam Gallantry Cross with Palm Unit Citation f. On 18 November 1967, General Orders Number 1379, issued by the II Field Force Vietnam, awarded the SM the Bronze Star Medal for meritorious service in connection with military operations in Vietnam from February 1967 to November 1967. The citation reads: [SM] distinguished himself by exceptionally meritorious service in connection with military operations against a hostile force during the period February 1967 to November 1967 while serving in consecutive positions as Assistant Commander, Pathfinder Detachment; Assistant Operations Officer, 269th Combat Aviation Battalion, and as Aviation Safety Officer, Aviation Detachment, II Field Force Vietnam. Upon assignment as Assistant Commander of the Pathfinder Detachment, [SM] led hi unit while participating in Operation JUNCTION CITY. In this capacity, he was instrumental in opening forward logistical supply areas, artillery fire support bases and helicopter landing and pickup zones. Throughout the duration of the operation, [SM] meticulously coordinated all medium helicopter support for command posts of the 199th Infantry Brigade (Separate) (Light). Upon completion of Operation JUNCTION CITY, [SM] was assigned as Assistant Operations Officer, 269th Combat Aviation Battalion. In this position, he traveled extensively throughout the III Corps Tactical Zone conducting liaison activities, spending long and arduous hours obtaining material which enabled him to more effectively assist in the conduct of his battalion's activities. Working closely with two newly assigned helicopter companies, [SM] assisted them in establishing their combat aviation policies and familiarizing them with the problems of operating in a tropical environment. Additionally, when the units became operational, he handled all mission requirements and scheduling of their operations. Assigned as Aviation Safety Officer, Aviation Detachment, II Field Force Vietnam, [SM] immediately undertook the task of improving the safety and standardization programs, thus enabling the unit to maintain its outstanding safety record. His depth of knowledge, sound judgment and ability to complete assignments in a timely and accurate manner contributed significantly to the accomplishment of the organization's mission. g. On 4 April 2022, the Awards and Decorations Branch responded to the applicant’s request on behalf of his brother, concerning his eligibility for the Combat Infantryman Badge and Pathfinder Badge. HRC officials stated they are unable to render favorable action concerning this matter. The basic criteria for award of the Combat Infantryman Badge require the Soldier to be serving as an Infantryman and to be assigned or attached to an Infantry unit of brigade or smaller size, while that unit was actively engaged in ground combat with the enemy. Based upon review of the forwarded documentation, the SM served as an Assistant Commander with the 269th Combat Aviation Battalion and as an Aviation Safety Officer with II Field Force Vietnam. As he was not an Infantryman serving with an Infantry unit, is not entitled to an award of the Combat Infantryman Badge. Furthermore, in accordance with Army Regulation (AR) 600-8-22 (Military Awards), Paragraph 8-17 (Pathfinder Badge), any person previously awarded the Pathfinder award for completion of Pathfinder training is authorized the badge. HRC recommends contacting the Commandant at the U.S. Army Infantry School for verification of successful completion of the Pathfinder Course. He may furnish a copy of their correspondence to this office for further review. h. There is no evidence in the SM’s service records and the applicant provides none to show the SM completed the Pathfinder Course, or that he contacted he completed the Commandant at the U.S. Army Infantry School for verification of successful completion of the Pathfinder Course. i. On 1 April 2014, the SM petitioned the Board to have the Distinguished Flying Cross upgraded to the Medal of Honor. However, on 15 January 2015, the Board denied the SM's request citing by regulation, for award of the Medal of Honor and/or the Distinguished Service Cross, the extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his/her comrades or from other persons in similar circumstances. j. On 18 August 2015, the applicant's representative petitioned the Board for a reconsideration of the SM's previous request to upgrade the Distinguished Flying Cross to the Medal of Honor, or in the alternative, to upgrade the Distinguished Flying Cross to the Distinguished Service Cross. On 20 December 2016, the Board denied the request. h. On 7 August 2018, the SM's designated representative petitioned the Board for a reconsideration to correct the SM's Distinguished Flying Cross Citation and upgrade his Distinguished Flying Cross to the Medal of Honor. On 13 August 2019, the Board denied the designated representatives request. 4. By regulation (AR 600-8-22): a. 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. b. The eligibility criteria for the Pathfinder Badge requires (1) Successful completion of the Pathfinder Course conducted by the U.S. Army Infantry School. Any person previously awarded the Pathfinder award for completion of Pathfinder training is authorized award of the Pathfinder Badge. The Pathfinder Badge may be approved by the Commandant, U.S. Army Infantry School. c. Retroactive awards of the Combat Action Badge (CAB) are not authorized prior to 18 September 2001. Award of the CAB is authorized for the following operations (award for qualifying service in any previous conflict is not authorized): Afghanistan (Operation Enduring Freedom, 18 September 2001 to 31 December 2014; OFS, 1 January 2015 to a date to be determined); Iraq (Operation Iraqi Freedom, 19 March 2003 to 31 August 2010; OND, 1 September 2010 to 31 December 2011); and Operation Inherent Resolve, 15 June 2014 to a date to be determined. 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, and regulatory guidance were carefully considered. The evidence of record shows service member (SM) served in Vietnam, as an Aviator, from 18 November 1966 to 10 November 1967. Regarding the Combat Infantryman Badge (CIB), the basic criteria for award of the CIB require the Soldier to be serving as an Infantryman and to be assigned or attached to an Infantry unit of brigade or smaller size, while that unit was actively engaged in ground combat with the enemy. There is no evidence the service member was an Infantryman serving with an Infantry unit. As a result, he does not meet the criteria for award of the CIB. Regarding the Pathfinder Course, there is no evidence in the service member’s service records and the applicant provides none to show the service member completed the Pathfinder Course, or that he contacted he completed the Commandant at the U.S. Army Infantry School for verification of successful completion of the Pathfinder Course. Finally, regarding the Combat Action Badge (CAB), retroactive awards of the Combat Action Badge (CAB) are not authorized prior to 18 September 2001. There is no law that makes the CAB retroactive to 1947. 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, 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. All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises. The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge. No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry. To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years. a. Army Regulation 600-8-22 (Military Awards) states 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. Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989. Retroactive awards for special forces personnel are not authorized. 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. b. Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 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. During the Vietnam Conflict, subsequent to 1 March 1961, any officer, warrant officer, or enlisted Soldier whose branch was other than Infantry will be eligible for award of the Combat Infantryman Badge provided all the below listed requirements have been met: * Assigned as advisor to an Infantry unit, Ranger unit, Infantry-type unit of the civil guard of regimental or smaller size, and/or Infantry-type unit of the self- defense corps unit of regimental or smaller size of the Vietnamese government during any period such unit was engaged in actual ground combat. * Assigned as advisor of an irregular force comparable to the above Infantry units under similar conditions. * Personally present and under fire while serving in an assigned primary duty as a member of a tactical advisory team while the unit participated in ground combat 3. Army Regulation 600-8-22 also provides for the Pathfinder Badge. Paragraph 8–17 states the eligibility criteria for the Pathfinder Badge requires (1) Successful completion of the Pathfinder Course conducted by the U.S. Army Infantry School; and (2) Any person previously awarded the Pathfinder award for completion of Pathfinder training is authorized award of the Pathfinder Badge. The Pathfinder Badge may be approved by the Commandant, U.S. Army Infantry School. 4. Army Regulation 600-8-22 further provides for the Combat Action Badge (CAB). The requirements for award of the CAB are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations, is not required to qualify for the CAB. However, the CAB is not intended to recognize Soldiers who simply serve in a combat zone or imminent danger area. Battle participation credit alone is not sufficient; the unit must have engaged or been engaged by the enemy. a. Retroactive awards of the CAB are not authorized prior to 18 September 2001. Award of the CAB is authorized for the following operations (award for qualifying service in any previous conflict is not authorized): * Afghanistan (OEF, 18 September 2001 to 31 December 2014; OFS, 1 January 2015 to a date to be determined). * Iraq (OIF, 19 March 2003 to 31 August 2010; OND, 1 September 2010 to 31 December 2011). * OIR, 15 June 2014 to a date to be determined. a. Award of the CAB is not automatic and will not be awarded solely based on award of the Purple Heart. Specific eligibility requirements include: (1) May be awarded to any Soldier. (2) A Soldier must be personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement, in an area where hostile fire pay or imminent danger pay is authorized. For all named conflicts beginning after the effective date of this publication, a Soldier must also be performing in an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy. A Soldier must be performing their assigned duties associated with the unit’s combat mission in an area where hostile fire pay or imminent danger pay is authorized. (3) Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge and/or Combat Medical Badge. For example, an infantryman (MOS 11B) assigned to Corps staff is eligible for award of the CAB. However, an infantryman assigned to an infantry BN is not eligible for award of the CAB. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004083 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1