IN THE CASE OF: BOARD DATE: 28 February 2023 DOCKET NUMBER: AR20220007539 APPLICANT REQUESTS: In effect, the correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his already-awarded Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * News Article * Special Orders (SO) promotion orders * Extract, DA Form 20 (Enlisted Qualification Record) with applicant's commentary FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, while assigned to Delta Company, 5th Battalion, 46th Infantry in Chu Lai, Vietnam, his unit awarded him the Combat Infantryman Badge; at the time, he was a light weapons infantryman (military occupational specialty (MOS) 11B). a. When the Army separated him, he told the major (MAJ) signing his separation documents that his DD Form 214 was missing his Combat Infantryman Badge; the MAJ quipped the applicant should take it up with the Department of Veterans Affairs. b. All this happened a long time ago, but the MAJ's response has bothered him this entire time; now, before he dies, he wants his family to know where he served, and he feels it is important to have all the awards he earned. 3. The applicant provides documents from his official military personnel file, which include his promotion to sergeant (SGT)/E-5 (while in Vietnam) and an extract from his DA Form 20, showing item 38 (Record of Assignments); the applicant has added the comment, "INCORRECT" and drawn an arrow pointing to an entry that reads, "LT Veh Driver HHC 5th Bn, 46th Inf, 198th Bde, 23d Inf Div, USARPAC." The applicant additionally submits an article from a local newspaper, dated 4 June 1971, that announced his award of the Combat Infantryman Badge. 4. A review of the applicant's service records shows: a. On 18 March 1969, the applicant enlisted into the Regular Army for 3 years. Upon completion of initial entry training and the award of MOS 95B (Military Police), orders assigned him to a military police battalion at Fort Bragg, NC; he arrived at his new unit, on 2 August 1969. b. In or around March/April 1970, the applicant received reassignment orders for Vietnam. On 16 June 1971, the applicant arrived in Vietnam and, effective 24 June 1970, orders assigned him to a Security Guard Company; the applicant's assigned duty position was senior security guard. c. On 8 December 1970, the applicant transferred to the 23rd Military Police Company, where he was performed duties as a senior military policeman. d. On 20 March 1971, 23rd Infantry Division SO withdrew the applicant's primary MOS of 95B and awarded him MOS 64A (Light Vehicle Driver); the orders reflected an effective date of 18 March 1971 and listed his unit as Headquarters and Headquarters Company, 5th Battalion, 46th Infantry. e. Headquarters, 23rd Infantry Division SO, dated 4 May 1971, promoted the applicant to SGT, effective 9 April 1971; the orders additionally stated he was assigned to Company D, 5th Battalion, 46th Infantry and announced the award of MOS 11B. f. General Orders, issued by the 23rd Infantry Division and dated 5 May 1971, awarded the applicant the Army Commendation Medal for meritorious achievement in conjunction with military operations against a hostile force, during the period 21 March to 14 May 1971. g. On 21 May 1971, the applicant completed his tour in Vietnam, and orders reassigned him to a cavalry regiment at Fort Hood, TX; his duty position was infantry squad leader. h. On 23 December 1971, orders honorably discharged the applicant, per an Army Phasedown Release Program; his DD Form 214 shows he completed 2 years, 9 months, and 6 days of his 3-year enlistment contract; the form lists his primary MOS as 11B (effective 9 April 1971), and item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) reflects the following: * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar g. The applicant's available service record is void of any orders awarding him the Combat Infantryman Badge; in addition, the Combat Infantryman Badge is not listed in item 41 (Awards and Decorations) of the applicant's DA Form 20. 5. The applicant requests the award of the Combat Infantryman Badge. AR 600-8-22 (Military Awards), currently in effect, states: a. The War Department established the Combat Infantryman Badge during World War II; the intent was to induce individuals to join the infantry and to be a morale booster for currently serving infantrymen. b. For the award of the Combat Infantryman Badge, the Soldier must meet three requirements: (1) The Soldier must be an infantry Soldier (i.e., holds an 11-series MOS, in the grade of colonel or below), and the Soldier must be satisfactorily performing infantry duties. (2) The Soldier must be assigned to an infantry unit, brigade-sized or smaller, that is engaged in active ground combat. (3) The Soldier must have actively participated in such ground combat; campaign credits alone are insufficient to warrant this award. 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 shows the applicant's available service record is void of any orders awarding him the Combat Infantryman Badge (CIB); in addition, the CIB is not listed in item 41 (Awards and Decorations) of the applicant's DA Form 20. There are three requirements to be awarded the CIB: The Soldier must be an infantry Soldier and the Soldier must be satisfactorily performing infantry duties; the Soldier must be assigned to an infantry unit, brigade-sized or smaller, that is engaged in active ground combat; and the Soldier must have actively participated in such ground combat; campaign credits alone are insufficient to warrant this award. The applicant has not provided sufficient evidence to show he met all three requirements for this badge. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): 1. AR 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 was to list all decorations, service medals, campaign credits, and badges awarded or authorized. 2. AR 600-8-22 (Military Awards), currently in effect, states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States based on their qualifying service in Vietnam after 3 July 1965 through 28 March 1973; a bronze service star will be awarded for wear on the Vietnam Service Medal for the Soldier’s participation in each recognized campaign. Vietnam campaigns include: * Sanctuary Counteroffensive (1 May 1970 to 30 June 1970) * Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) 3. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) shows Department of the Army General Order Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam. 4. Based on the foregoing, amend the applicant's DD Form 214, ending 23 December 1971, as follows: Delete the Vietnam Service Medal with one bronze service star and add the Vietnam Service Medal with two bronze service stars and Republic of Vietnam Gallantry Cross with Palm Unit Citation. REFERENCES: 1. Title 10, USC, 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. AR 600-8-22, currently in effect, states: a. The War Department established the Combat Infantryman Badge during World War II; the intent was to induce individuals to join the infantry and to be a morale booster for currently serving infantrymen. b. The regulation further states, "In developing the Combat Infantryman Badge, the War Department did not dismiss out of hand or ignore the contributions of other branches. Their vital contributions to the overall war effort were certainly noted, but it was decided that other awards and decorations were sufficient to recognize their contributions. From the beginning, Army leaders have taken care to retain the badge for the unique purpose for which it was established and to prevent the adoption of any other badge, which would lower its prestige." The War Department conducted a review of the Combat Infantryman Badges award criteria at the close of World War II; the review concluded any change in award policy would detract from the prestige of the badge. c. For the award of the Combat Infantryman Badge, the Soldier must meet three requirements: (1) The Soldier must be an infantry Soldier (i.e., holds an 11-series MOS and is in the grade of colonel or below), and the Soldier is satisfactorily performing infantry duties. (2) The Soldier must be assigned to an infantry unit, brigade-sized or smaller, that is engaged in active ground combat. (3) The Soldier must have actively participated in such ground combat; campaign credit alone is insufficient to warrant this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007539 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1