IN THE CASE OF: 
 
  BOARD DATE: 17 November 2023 
 
  DOCKET NUMBER: AR20230004840 
 
 
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) 

• Air Medal (AM) Citation 

• DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending August 1971 


 
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 participated in more than 25 aerial missions over hostile territory and awarded the Air Medal. He should also have the CIB added to his DD Form 214.   
 
3.  The applicant provides a copy of his AM Citation, which reflects his participation in sustained aerial flights, in support of combat ground forces in the Republic of Vietnam from 4 October 1971 to 1 March 1972. 
 
4.  The applicant’s service records reflect the following documents: 
 
a. He was inducted into the Army of the United States on 2 February 1971. 


 
b. General Order Number 1143, dated 8 April 1972 shows he was awarded the AM.  


This award is not listed on his DD Form 214. 
 
c. 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 22 August 1971 to 2 April 1974 for a period of seven and a half months 

• Item 41 (Awards and Decorations): does not reflect the award of the CIB or the AM 


 
d. DD Form 214 shows he was honorably discharged on 13 April 1972 and  


transferred to the U.S. Army Reserve. He completed 1 year, 2 months and 12 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 7 22” 

• Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): o National Defense Service Medal 

o Vietnam Service Medal 

o Vietnam Campaign Medal with 1960 Device 

o One Overseas Service Bar 

o Expert Marksmanship Qualification Bar with Rifle Bar (M-16) 





 
 
• Item 25 (Education and Training Completed): Ft Polk, LA – Light Weapons Infantryman/9 Weeks 

• Item 30 (Remarks): Vietnam Service from 22 August 1971 to 13 April 1972 


 
e. His records are void of orders for the CIB. 
BOARD DISCUSSION: 
 
1.  After reviewing the application and all supporting documents, the Board determined that a portion of relief is warranted. The applicant’s contentions, military record, and regulatory guidance were carefully considered. Although the documentation available for review indicates that the applicant held the correct Military Occupational Specialty (MOS) of Infantry, evidence is insufficient to determine compliance with regulatory guidance for the award of the CIB. In the absence of documentation from eyewitnesses or other sources attesting to the circumstances of the incident and as the applicant has the burden of proving an error or injustice, there is no basis to grant the request.     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 any other relief not stated above. 
 
3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommends the correction is completed to more accurately depict the military service of the applicant.  BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
:xx :xx :xx 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 13 April 1972 to show in block 24 (Awards) the following awards:  
            • Air Medal 
            • Vietnam Service Medal with three bronze service stars 
            • Republic of Vietnam Gallantry Cross with Palm Unit Citation 
 
 
2.   
 
 
  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: 
 
• Air Medal 

• Vietnam Service Medal with three 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//