IN THE CASE OF: BOARD DATE: 17 November 2023 DOCKET NUMBER: AR20230004761 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) • DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 December 1968 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 during his time in the Vietnam War. 3. The applicant’s service records reflect the following documents: a. He was inducted into the Army of the United States on 12 January 1967. b. DA Form 20 (Enlisted Qualification Record) reflects in: • Item 22 (Military Occupational Specialties): 11B (Light Weapons Infantryman) • Item 31 (Foreign Service): he served in U.S. Army Pacific – Vietnam from 16 June 1967 through 23 February 1968 for a period of eight months • Item 41 (Awards and Decorations): does not reflect the award of the CIB c. DD Form 214 shows he was honorably discharged on 20 December 1968 and transferred to the U.S. Army Reserve. He completed 1 year, 11 months and 9 days of net active service this period. This document also shows in: • Item 23a (Specialty Number and Title): 11B20 Light Weapons Infantryman • Item 22c (Foreign Service and/or Sea Service): USARPAC “0 8 9” • Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): o National Defense Service Medal o Vietnam Campaign Medal with 1960 Device o One Overseas Service Bar o Purple Heart (2nd Award) o Sharpshooter (Rifle) o Vietnam Service Medal • Item 30 (Remarks): Does not reflect his service in Vietnam d. His records are void of orders for the CIB. e. He is entitled to additional awards not listed on his DD Form 214. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant’s contentions, the military record, and regulatory guidance. The Board noted that the applicant held the military occupational specialty (MOS) 11b (Infantry) and in reviewing awards received and the circumstances under which the applicant received those awards, the Board concluded that the applicant met regulatory requirements for the award of the Combat Infantry Badge and a correction to his record is warranted. 2. Upon further review, the Board agreed the applicant is eligible for an award not otherwise requested. As the applicant’s record reflects all “excellent,” in accordance with applicable regulatory guidance, the applicant is eligible for the Army Good Conduct Medal and a correction to his record is warranted. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :xx :xx :xx GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 for the period ending 20 December 1968 showing in block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or authorized): • Combat Infantry Badge • Army Good Conduct Medal 1/3/2024 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. Amend item 24 (Awards) to add the following awards: • Vietnam Service Medal with two bronze service stars • Republic of Vietnam Gallantry Cross with Palm Unit Citation 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. b. 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 one 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. 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). 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS//