IN THE CASE OF: BOARD DATE: 3 January 2023 DOCKET NUMBER: AR20220006315 APPLICANT REQUESTS: award of the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 31 March 2022 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 13 August 1971 * Vietnam Combat Certificate, 1st Cavalry Division (Airmobile), January 1970 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, in effect, his CIB was earned but not received while he was assigned to Company A, 2nd Battalion, 5th Cavalry Infantry, 1st Cavalry Division, in Vietnam during 1970. 3. The applicant provides a Vietnam Combat Certificate issued by 1st Cavalry Division for the period January 1970 to December 1970, reading in part, "{Applicant} has faithfully served his country with the Co A, 2nd Bn, 5th Cav of the 1st Cavalry Division (Airmobile) in Vietnam from January 1970 to December 1970." 4. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show award of the: * Meritorious Unit Commendation * three bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60) 5. The Board will consider his request for the CIB, and as a separate issue, award of the Army Good Conduct Medal (First Award) for the period 15 August 1969 to 13 August 1971. 6. A review of the applicant's service record shows: a. On 15 August 1969, he enlisted in the Regular Army for a period of 2 years. He completed Basic Combat Training, he completed Advanced Individual Training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He attained the grade/pay grade specialist/E-4. b. His DA form 2-1 (Enlisted Qualification Record) shows: (1) Item 29 (Qualification in Arms) – his weapons qualifications, and qualification classes as: Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) (2) In item 31 (Foreign Service) – he served in Vietnam from 11 January 1970 to 5 December 1970. (3) In Item 33 (Appointments and Reductions) – no reductions. (4) In item 38 (Record of Assignments), he received “Excellent” conduct and efficiency rating throughout his military service. Additionally, while serving in Vietnam he was assigned to: * Headquarters and Headquarters Company, 3d Ordnance Battalion (Ammunition), in duty position "security guard" from 15 January 1970 to 13 August 1970 * 148th Ordnance Company (Ammunition) in the duty position "security guard" from 14 August 1970 to 20 September 1970 * Company A, 2d Battalion, 5th Cavalry, 1st Cavalry Division, in the duty position "light weapons infantryman" from 21 September 1970 to 2 December 1970 (5) In item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * one overseas bar * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal * Bronze Star Medal (6) block 44 (Lost Time Under section 972, Title 10, United States Code, and Subsequent to Normal Date Expiration of Term of Service) – no entries. c. On 13 August 1971, he was honorably released from active duty to control of the U.S. Army Reserve. His DD Form 214 shows he held MOS 11B and he completed 1 year, 11 months, and 29 days of active service. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal * Bronze Star Medal d. General Orders (GO) issued by Headquarters, 1st Cavalry Division (Airborne), confirm he was awarded the: * Air Medal for meritorious achievement on 19 November 1970 while participating in aerial flight in Vietnam from January to November 1970, while assigned to Company A, 2nd Battalion (Airmobile), 5th Cavalry * Bronze Star Medal for meritorious service not involving participation in aerial flight, in connection with ground operations against a hostile enemy force in Vietnam, while assigned to A Company, 2nd Battalion, 5th Cavalry e. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal (First Award) for the period 15 August 1969 to 13 August 1971. f. His records are void of orders for the Combat Infantryman Badge. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. For the award of the Combat Infantryman Badge, the Soldier must meet three requirements: (1) The Soldier must be an infantry Soldier and must be satisfactorily performing infantry duties, (2) the Soldier must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy; and (3) the Soldier must have actively participated in such ground combat; campaign credits alone are insufficient to warrant this award. The applicant in this case held MOS 11B but served as a security guard in an Ordnance Battalion/Company from 15 January to 20 September 1970. He then performed duties as a light weapons infantryman with a cavalry unit but there is no evidence to confirm he was present and actively participated while his unit engaged in ground combat. b. The Board noted the applicant served on active duty from 15 August 1969 to 13 August 1971, completing 1 year, 11 months, and 29 days of active service, receiving all excellent conduct and efficiency ratings, with no derogatory information on file. The Army Good Conduct Medal is awarded, on a selective basis, to Soldiers during their active duty service, based on their exemplary behavior, efficiency, and fidelity. Normally, the required period of service is 3 years; however, for the first award only, Soldiers can receive the Army Good Conduct Medal upon completion of less than 3 years but more than 1 year. The Board determined he is eligible for this award BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 as follows, in addition to the corrections addressed in Administrative Note(s) below: * awarding him the Army Good Conduct Medal (1st Award) for service during the period 5 August 1969 to 13 August 1971 * adding the Army Good Conduct Medal (1st Award) to his DD Form 214 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Combat Infantryman Badge. 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 show he was awarded or authorized the following awards not listed on his DD Form 214: * Meritorious Unit Commendation * Three bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60) 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 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 Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded to on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. (1) The periods of service of qualifying service are: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) 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; (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in line of duty; or (5) for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. (2) Throughout a qualifying period of service, the enlisted Soldier's character must have been above reproach and must meet all of the following criteria for award of the Army Good Conduct Medal as indicated in the Soldier's record: willingly complied with the demands of the military environment, been loyal and obedient to his or her superiors, faithfully supported the goals of his or her organization and the Army, and conducted himself or herself in an exemplary manner as to distinguish him or her from fellow Soldiers. b. 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 (MOS). 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. c. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat or was under orders in the combat zone and served at a normal post of duty. 4. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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 subsequent to 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. U.S. Army Vietnam Regulation 672-5-1 (Decorations and Awards) 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). 6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), in effect at the time, shows: * 148th Ordnance Company was awarded the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 50, 1971, for the period 1 September 1969 to 30 September 1970 * 2d Battalion, 5th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 42, 1972, for the period 21 February 1970 to 28 February 1971 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006315 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1