RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 October 2007
	DOCKET NUMBER:  AR20070007852 


	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

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Hubert O. Fry, Jr.

Chairperson

Mr. Michael J. Flynn

Member

Mr. William Blakely

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 reconsideration of his earlier request for award of the Combat Infantryman Badge (CIB).

2.  The applicant states that he was trained as an infantryman and served in the Republic of Vietnam in an infantry unit.

3.  The applicant provided an undated self-authored statement in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060014931, on 10 April 2007.

2.  The applicant submitted an undated self-authored statement testifying to his personal engagement in active duty ground combat against the enemy in the Republic of Vietnam, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's records show that he enlisted in the Regular Army on 19 August 1969 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He also completed airborne training at Fort Benning, Georgia.

4.  The applicant's records further show that he served in the Republic of Vietnam during the period 18 March 1970 through 16 July 1971.  He was initially assigned to Company N, 75th Infantry Regiment (Rangers), 173rd Airborne Brigade as a scout observer and was subsequently reassigned to the 173rd Engineer Company for duty as a combat construction specialist.  

5.  The applicant's records show that he was he was honorably released from active duty (REFRAD) and was transferred to the U.S Army Reserve (USAR) Control Group on 25 February 1972. 


6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Combat Infantryman Badge.

7.  The applicant's records do not contain General Orders awarding him the Combat Infantryman Badge.  Additionally, there is no indication in the available records that the applicant engaged the enemy in combat while serving as an infantryman in an infantry unit.

8.  The applicant's self-authored letter addresses the following issues:

	a.  The Board's statute of limitations should not have been invoked as he only learned that the CIB was not on his records in 2006.

	b.  He stated that he clearly met two out of three requirements for award of the CIB:  he held an infantry MOS and was assigned to an infantry unit in the Republic of Vietnam.  He further stated that although his records may not reflect his combat action, he testifies that it happened.  He concludes that record keeping in a combat zone was not necessarily the best or accurate and that many of his actions and the records of those actions did not get placed in his records due to his transfer to an Engineer unit in the Republic of Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge.

2.  The applicant stated the Board's original consideration of his case should not have invoked the 3-year statute of limitations.  However, the applicant's records show the he authenticated his DD Form 214 on 25 February 1972 and should have discovered the alleged error or injustice now under consideration upon signing his DD Form 214.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 24 February 1975.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case

3.  Evidence of record shows that the applicant was awarded the MOS 11B (Infantryman) but the applicant has not provided sufficient evidence showing that he was directly involved in ground combat.  Testifying that it happened, without independent corroboration, is insufficient evidence to award the CIB.  As a result, the applicant does not meet the criteria for award of the CIB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__hof___  __mjf___  __wb____  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 to amend the decision of the ABCMR set forth in Docket Number AR20060014931, dated 10 April 2007.



							Hubert O. Fry, Jr.
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070007852
SUFFIX

RECON

DATE BOARDED
20071023
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.