IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100019392 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was detailed to an infantry officer position where he served as an armored reconnaissance unit commander and a platoon leader for 1st Platoon, F Troop, 17th Cavalry, 196th Infantry in the Republic of Vietnam.  Under his command, all the enlisted Soldiers were awarded the CIB.  While on a dismounted infantry patrol, he was wounded in action and evacuated.  As a result of his combat wounds, he received the Purple Heart.  He cites military regulations and provides excerpts from a unit organizational document to support awarding him the CIB.

3.  The applicant provides:

* excerpts from his DA Form 2-1 (Personnel Qualification Record)
* two letters of recommendation
* excerpts from Army Regulation 600-8-22 (Military Awards) and Army Regulation 672-5-1 (Military Awards)
* a Table of Organization and Equipment (TO&E) Number 17-117H, dated
30 November 1970
* an unclassified document titled, "FINAL REPORT:  OPTIMUM MIX OF ARMORED VEHICLES FOR USE IN STABILITY OPERATIONS," dated 27 January 1971
* Special Orders Number 174, dated 22 June 1970
* excerpts from his officer evaluation reports
* excerpts from a DA Form 1595 (Daily Staff Journal or Duty Officer's Log), dated 31 December 1970
* an automated unit casualty report log for 31 December 1970
* a U.S. Army Casualty Information System Report 

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 23 July 1969, the applicant was appointed a second lieutenant in the U.S. Army Reserve (USAR).  He entered active duty on 1 November 1969 and he completed the Armor Officer Basic Course on 10 February 1969.

3.  On 18 July 1973, he accepted an appointment as a first lieutenant in the Regular Army in the armor branch.

4.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 shows he served in the Republic of Vietnam from 14 August 1970 through 28 March 1971.  Item 35 (Current and Previous Assignments) shows he was assigned as a platoon leader with F Troop, 17th Cavalry, Americal Division in specialty number 1204.

5.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 does not show award of the CIB.

6.  The applicant's personnel service record does not contain orders awarding him the CIB.  In addition, there were no official orders found in his record detailing him to the infantry.

7.  On 4 September 1981, he resigned his Regular Army commission and he was honorably discharged from active duty.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 11 years, 10 months, and 4 days of net active service.  Item 12c (Foreign and/or Sea Service) shows he completed 3 years, 7 months, and 9 days of foreign service.

8.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* Bronze Star Medal
* Vietnam Campaign Medal
* One Overseas Service Bar
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

9.  The applicant provided excerpts from the TO&E for an Armored Cavalry Troop within a Separate Light Infantry Brigade whose mission was to provide security and perform reconnaissance for the unit to which assigned or attached and to engage in offensive, defensive, or delaying action as an economy of force.  In part, this troop structure consisted of three armored cavalry platoons with subordinate elements to include three rifle squads and a troop headquarters platoon.  The officer grade structure required and authorized by this TO&E was for one armor captain and four armor lieutenants totaling five commissioned officers.

10.  He provided a copy of a Department of the Army confidential report, dated 27 January 1971 that was downgraded to unclassified on "31" September 1973.  Within this report, it is stated that two factors caused the infantry squad of the armored cavalry platoon to lose its identify.  The first contributing factor was there was insufficient room in armored personnel carriers to carry infantryman, so infantrymen were distributed among other platoon vehicles.  Secondly, with the infantry platoon rarely manned at full strength, infantrymen were used to fill personnel shortages in other armored cavalry platoon sections.

11.  He provided excerpts from unit casualty reports and staff officer journals that show his troop was under indirect enemy fire and that they encountered an unknown explosive device while conducting dismounted patrol operations on 31 December 1971.

12.  He provided copies of his officer evaluation reports that show he performed the duties of a cavalry platoon leader in an outstanding manner and with personal courage and bravery in the face of enemy fire.  These reports show he performed both mounted and dismounted combat operations.

13.  He provided two letters of recommendation that support awarding him the CIB.  The former commanders of F Troop, 17th Cavalry, 196th Infantry Brigade stated:

During that time all enlisted members of the troop and officers who operated with the three platoons in field were awarded the CIB regardless of MOS…I was awarded the CIB along with other platoon leaders as a commander of a rifle squad…(the applicant) was not recommended for the CIB at the time because F Troop was attached to 1/1 Cavalry and their policy was to not award the officers because they were MOS 1204 assigned to a cavalry unit….

14.  In addition, he provided a copy of Special Orders Number 174, issued by Headquarters, Americal Division, dated 22 June 1970, that shows a captain with specialty 1193 (Field Artillery - Unit Commander ) and three lieutenants with specialty 1542 (Infantry Officer) plus enlisted infantrymen of F Troop, 17th Cavalry were awarded the CIB.

15.  In the process of reviewing this case, the ABCMR obtained an advisory opinion from the Office of the Chief of Infantry at the U.S. Army Infantry School.  In its opinion, it did not concur with the applicant's request to award him the CIB stating the applicant was not branched Infantry and was not assigned to an infantry unit.  In addition, the applicant did not meet the specific criteria for award of the CIB for non-Infantry officers who served in command in the Republic of Vietnam.

16.  The applicant responded to the aforementioned advisory opinion stating he disagreed with the Office of the Chief of Infantry.  He stated, "I BELIEVE THAT OPINION WAS BASED ON A LIMITED INTERPRETATION OF THE REGULATION AND LACK OF UNDERSTANDING OF HOW CAVALRY UNITS WERE EMPLOYED IN VIETNAM."  He cites Army Regulation 600-8-22 that provides for award of the CIB to Soldiers in a rifle squad of a cavalry platoon in a cavalry troop.  He states this same regulation provides for award of the CIB to non-Infantry officers who commanded a line infantry unit of a smaller size than a regiment.  He concludes his statement by stating, "I COMMANDED AN INFANTRY SQUAD."

17.  References:

	a.  Army Regulation 600-8-22 states the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the CIB to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation.

	b.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  During the Vietnam Conflict, any officer whose basic branch was other than infantry who, under appropriate orders, commanded a line infantry unit of brigade, regimental, or smaller size for at least 30 consecutive days is deemed to have been detailed in infantry and is eligible for award of the CIB notwithstanding absence of a written directive detailing that Soldier in the infantry, provided all other requirements for the award have been met.  Orders directing the officer to assume command will be confirmed in writing at the earliest practicable date.

	c.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."  In addition, it provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

   d.  Army Regulation 600-20 (Army Command Policy) prescribes the policy and responsibility of command, which includes well-being of the force, military and personal discipline and conduct.  Command authority is exercised by virtue of office and the special assignment of members of the United States Armed Forces holding military grade who are eligible to exercise command.  A commander is, therefore, a commissioned or warrant officer who, by virtue of grade and assignment, exercises primary command authority over a military organization or prescribed territorial area that under pertinent official directives is recognized as a "command."  Soldiers are assigned to stations or units where their services are required.  The commanding officer then assigns appropriate duties.  Without orders from proper authority, a Soldier may only assume command when eligible according to headquarters or when the appointed commander dies, becomes disabled, retires, is reassigned, or is temporarily absent.  In such cases, the senior regularly assigned United States Army Soldier will assume command.  Oral assumption of command may be used by units not using orders or other documentation to announce assumption of command or when other circumstances necessitate.  Oral assumption of command should be followed by a written assumption of command memorandum.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows his specialty was 1204, an armor officer.  He contends he was detailed to an infantry reconnaissance platoon in an armored cavalry troop; that he commanded an infantry platoon with three infantry squads; and that he was directly engaged with enemy forces as supported by his award of the Purple Heart.

2.  His personnel service record is void of official orders detailing him to the infantry branch during his period of service in the Republic of Vietnam.

3.  The arguments and evidence he presented shows that a non-infantry officer received the CIB.  Therefore, he argues he should also be entitled to this award.  While the orders he provided do show a field artillery officer received this award, the officer was a captain and the senior officer of the troop or troop commander by TO&E authorization.  This staffing document shows one captain and four lieutenants were authorized for this troop.  Therefore, the captain as the senior officer was the commander by virtue of his position and office.  As such, the regulations in effect at the time did provide for senior commanders (division or above) to award the CIB to non-infantry officers serving as commanders of infantry units for 30 or more consecutive days.  As a platoon leader within a cavalry troop, the applicant was not in a command position.  Therefore, his contention that he "commanded" a platoon is also without merit and does not support award of the CIB.

4.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the CIB, the criteria for this award has changed little over the years.

5.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  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.



      ___________X__________
                 CHAIRPERSON
      
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.
ABCMR Record of Proceedings (cont)                                         AR20100019392



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ABCMR Record of Proceedings (cont)                                         AR20100019392



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