IN THE CASE OF: BOARD DATE: 19 October 2023 DOCKET NUMBER: AR20230003056 APPLICANT REQUESTS: his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) 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 he earned the CIB in Vietnam, and it was awarded by General Around August 1968, his unit, 2/1 Calvary Fourth Infantry Division, outside of Saigon on a highway, they were involved in numerous night ambushes. It was during this time they were awarded the CIB from General. Unfortunately, it was never entered in his records (DD Form 214). 3. The applicant was inducted into the Army of the United States on 6 February 1968. He completed his required training and was assigned the military occupational specialty (MOS) 11D (Armor Intelligence Specialist) on 7 June 1968. 4. The applicant was assigned to Vietnam from 6 July 1968 through 3 July 1969. During this period he was assigned to duty as a scout observer/track commander with C Troop, 2nd Squadron, 1st Cavalry General, 4th Infantry Division. Orders Number 1605 show the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam for this period of service. 5. The applicant was reassigned to Fort Knox, KY on 15 August 1969. 6. On 5 February 1970, the applicant was released from active duty and transferred to the Standby Reserve. His DD Form 214 shows he was awarded the Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, National Defense Service Medal, and Expert Badge (Rifle). 7. The applicant’s records do not contain orders or any other documentation showing he was awarded the CIB. The applicant did not provide any orders showing he was awarded 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 no evidence in the available records corroborating the applicant’s claim that he was awarded the CIB during his service in Vietnam. The Board noted that while he held an infantry MOS, he was not assigned to an infantry unit during his service in Vietnam and his principal duty as a scout observer/track commander in a cavalry unit was not the type of duty for which the CIB was normally awarded during this period. The Board determined the available evidence is insufficient as a basis for adding the CIB to the applicant’s DD Form 214. 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. Army Regulation (AR) 600–8–22 (Personnel-General Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medals, service medals and rib- bons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices awarded in recognition of accomplishments. It prescribes the policies and procedures concerning U.S. Army awards to foreign military personnel and foreign decorations to U.S. Army personnel. Paragraph 8–6 provides the criteria for award of the Combat Infantryman Badge. For award of the CIB a Soldier must meet the following three requirements: a. Be an infantry Soldier satisfactorily performing infantry duties. (1) A Soldier must be an Army infantry or SF officer (CMF or AOC 11 or 18) in the grade of COL/O–6 or below, or an Army enlisted Soldier or warrant officer with an infantry or SF MOS who, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or SF unit of either a brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. (2) Eligibility for SF personnel in MOSs 18B, 18C, 18E, 18F, and 18Z (less 18D– SF medical sergeant) accrues from 20 December 1989. Retroactive awards of the CIB to SF personnel are not authorized prior to 20 December 1989. b. Be assigned to an infantry unit during such time as the unit is engaged in active ground combat. (1) A recipient must be personally present and under hostile fire while serving in an assigned infantry or SF 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 MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or CPC alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. (2) Personnel with other than an infantry or SF MOS are not eligible, regardless of the circumstances. The infantry or SF CMF, AOC or MOS does not necessarily have to be the Soldier’s primary specialty, as long as the Soldier has been properly trained in infantry or SF tactics, possesses the appropriate skill code, and is serving in that specialty when engaged in active ground combat as described above. Commanders are not authorized to make any exceptions to this policy. (3) Awards will not be made to general officers or to members of headquarters companies of units larger in size than brigade. c. Actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003056 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1