RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2007
      DOCKET NUMBER:  AR20070006891


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

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

2.  The applicant states, in effect, that he was not issued the CIB for
time served from 10 November 1965 to 22 May 1966.  He further states, that
he carried a machine gun for his unit and he was shot at and he returned
fire.  He should have received the medal.

3.  The applicant provides no additional documents in support of his
application.

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.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.  This case is being
considered using reconstructed records and an active duty separation
document (DD Form 214).

3.  On 17 September 1963, the applicant enlisted in the Regular Army for a
period of 6 years.  He was trained in and awarded military occupational
specialty (MOS) 71P (Flight Operations Specialist) and the highest rank he
attained while serving on active duty was sergeant/pay grade E-5.

4.  The applicant served in Vietnam from 20 October 1965 through 20
September 1966.

5.  On 17 September 1967, the applicant was discharged under the provisions
of Army Regulation 635-212, with a discharge under honorable conditions.
He completed a total of 6 years, 7 months and 1 day of active military
service.  The separation document (DD Form 214) he was issued at the time
confirms he held MOS 71P.

6.  The applicant’s DD Form 214, show he earned the following awards during
his active duty tenure:  The National Defense Service Medal, the Vietnam
Service Medal, the Vietnam Campaign Medal, the Sharpshooter Qualification
Badge with Rifle Bar and the Driver Badge (3rd Award).

7.  Army Regulation 600-8-22, Paragraph 8-6, provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  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.

8.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation established the criteria for
award of the Combat Infantryman Badge as the man who trained, lived, and
fought as an infantryman.  It stated that the Combat Infantryman Badge is
the unique award established to recognize the infantryman and only the
infantryman for his service and further added, “The Combat Infantryman
Badge is not an award for being shot at or for undergoing the hazards of
day-to-day combat.”  This regulation also stated the Combat Infantryman
Badge was authorized for award to infantry officers and to enlisted
Soldiers who have an infantry MOS and required that they must have served
in active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.  Award of the Combat Infantryman Badge
during the Vietnam-era was announced in unit special orders, normally
published at battalion or brigade level.  In addition, in similar cases
regarding enlisted Soldiers, the Military Awards Branch, U.S. Army Human
Resources Command, has advised that during the Vietnam-era the Combat
Infantryman Badge was awarded only to enlisted Soldiers who held and served
in MOS 11B, 11C, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claims that he is entitled to the CIB were carefully
considered.  However, by regulation, in order to qualify for the CIB, in
addition to serving in combat with a qualifying unit, an enlisted Soldier
must have held an infantry MOS, which according to Army HRC awards
officials included MOS 11B, 11C, 11F, 11G and 11H.  MOS 71P was not
considered an infantry MOS for CIB purposes during the Vietnam era.

2.  Although, the applicant’s record is void of the specific facts and
circumstances.  The available evidence of record shows the applicant held
and served in MOS 71P, performing duties as a Flight Operations Specialist.
 By regulation, MOS 71P was not among the infantry MOSs that qualified for
award of the CIB.  Thus, his request for the CIB must be denied in the
interest of all those who served in the Republic of Vietnam, who met the
qualifications to receive this award.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JCR__  ___DAC_  ___QAS _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ___Jeffrey C. Redmann___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/20                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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