IN THE CASE OF: 
 
  BOARD DATE: 17 August 2023 
 
  DOCKET NUMBER: AR20230000850 
 
 
APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 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), 3 October 2022 

• Self-authored Statement, 25 January 2010 

• Army Human Resources Command (AHRC) Permanent Order 068-08, 9 March 2009 

• AHRC letter, 27 May 2009 

• DD Form 215 (Correction to DD Form 214), 27 May 2009 


 
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, he is an Army Vietnam Veteran who was assigned to infantry units of 2nd Battalion, 14th Infantry Regiment; and 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division. He was in active combat and participated in Operation Bark, Operation Sand, and Operation Junction City. He wants the CIB for his combat service in Vietnam. 
 
3.  The applicant provides copies of: 
 
 a.  His DD Form 149 application with a self-authored statement. 
 
 b.  AHRC Permanent Orders 068-08, 9 March 2009 (Army Good Conduct Medal) 
 
 c.  AHRC letter, 27 May 2009, acknowledging his request for the CIB and advising him to seek additional evidence from the National Archives at College Park, Textual 
Reference Branch, regarding his combat units and the after action reports outlining the actions he participated in. 
 
 d.  A DD Form 215, 27 May 2009, issued by AHRC, adding the AGCM, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Civil Actions Honor Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214. 
 
4.  A review of the applicant's service records shows: 
 
 a.  On 13 December 1966, 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). 
 
 b.  Special Orders Number 62 and Special Orders Number 63 issued by HQ, 3D Training Brigade, Fort Jackson, awarded him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) and Machine Gun Bar (M-60), respectively. 
 
 c.  He deployed to Vietnam on 19 May 1967. 
 
 d.  Special Orders Number 146 issued by HQ, 25th Infantry Division, 26 May 1967, assigned him to Vietnam in the primary MOS 11B, and further assigned him to Company A, 2d Battalion, 14th Infantry. 
 
 e.  His DA Form 20 (Enlisted Qualification Record) shows in: 
 
  (1).  item 31 (Foreign Service) – 19 May 1967 to 15 May 1968, Vietnam, 
 
  (2)  item 38 (Record of Assignments) – he was assigned to: 
 
• 2nd Battalion, 14th Infantry from 26 May 1967 to 4 August 1967 in the duty MOS of 11B (rifleman) 

• 3d Battalion, 22nd Infantry, 25th Infantry Division from 5 August 1967 to 14 May 1968 in the duty MOS of 11B as a radio telephone operator and rifleman 


 
  (3)  item 41 (Awards and Decorations) – he was awarded or authorized: 
 
• National Defense Service Medal 

• Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 

• Vietnam Service Medal 


• Republic of Vietnam Campaign Medal with Device (1960) 


 
 f.  On 12 December 1968, he was honorably released from active duty. His DD Form 214 shows in: 
 
  (1)  item 23a (Specialty Number and Title) – 11B2O (Light Weapons Infantryman) 
 
  (2)  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – 
 
• National Defense Service Medal 

• Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 

• Vietnam Service Medal with three bronze service stars 

• Republic of Vietnam Campaign Medal with Device (1960) 


 
 g.  On 27 March 2009, the Chief, Military Awards Branch, HRC, responded to his request for award of the CIB. This letter response reads, in part: 
 
  (1)  Criteria for award of the Combat Infantryman Badge require the Soldier 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. Evidence must be provided to reflect that the Soldier had a Military Occupational Specialty of Infantry, and physically participated in combat while his unit was actively engaged with the enemy. Being assigned to a unit alone is insufficient reason to award the badge.  
 
  (2)  Based on the documentation provided with your request, we have verified that you were an infantryman assigned to an infantry unit. To determine your eligibility for this award, documentation must be provided that conclusively identifies you performing infantry duties with the unit while engaging the enemy. Verification of satisfactory performance of duty while the unit was involved in actual ground combat may be in the form of sworn eyewitness statements, S2/S3 journal entries, after-action reports, evaluations reports, a valor award citation, and similar documents.  
 
  (3)  Historical records for the Vietnam Conflict era are archived at the National Archives at College Park, ATTN: Textual Reference Branch.  
 
5.  His records are void of orders awarding him the CIB. 
  
BOARD DISCUSSION: 
 
1.  After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 
 
2.  The Board found that, while the evidence confirms the applicant served as an infantryman assigned to infantry units during his service in Vietnam, the evidence does not confirm that he participated in active ground combat, as required by the criteria for the CIB. In the absence of additional documentation confirming his participation in active ground combat, the Board determined his eligibility for the CIB cannot be confirmed at this time. 
 
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: 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.  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 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. 
 
4.  U.S. Army Vietnam Regulation 672-5-1 (Decorations and Awards) and Awards), in effect at the time, 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//