RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 September 2007
DOCKET NUMBER: AR20070011173
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. Rene R. Parker
Analyst
The following members, a quorum, were present:
Mr. James Vick
Chairperson
Mr. Ronald Gant
Member
Mr. Rowland Heflin
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 the award of the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that he served in Vietnam from June 1966 to July 1967 as a radio repairman on a riverboat. He maintains that he encountered numerous fire fights while on patrol.
3. The applicant provides a section of his DA Form 20 (Enlisted Qualification Record), and several DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) and/or (Report of Separation from Active Duty from the Armed Forces of the United States).
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 applicants 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 applicants 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 show he enlisted into the Regular Army on 21 March 1963. After completion of basic and advanced individual training he
was awarded military occupational specialty (MOS) 05B (Radio Operator). Through a series of reenlistments, the applicant was honorably retired on
30 April 1983.
3. The applicants DD Form 214, for the period 21 March 1963 to 16 February 1966, shows his MOS as 31B (Infantry Radio Mechanic).
4. The applicants DA Form 20 shows that effective 15 August 1966 he was assigned to Headquarters and Maintenance Support Company, Republic of Vietnam (RVN), in duty MOS 31L (Radio Repairman). On 8 April 1967 he was reassigned to Headquarters and Headquarters Company, 94th Support and Services Battalion, RVN, in duty MOS 31B (Senior Radio Mechanic).
5. There are no orders awarding the applicant the CIB. There is also no evidence to show that while the applicant was assigned in Vietnam he served in an infantry MOS, in an infantry unit, in active ground combat.
6. 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.
7. United States Army Republic of Vietnam Regulation No 672-1, Combat Infantryman Badge Guidance, states that radio/telephone operators are only entitled to the CIB if their primary duty was to accompany infantry or infantry-type units on tactical operations.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the available records to show that the applicant should be awarded the CIB. There is no evidence to show that the applicant accompanied an infantry or infantry type unit on tactical operations while assigned in Vietnam. In view of these facts, there is insufficient basis for award of the CIB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JV___ ___RG __ __RH ___ 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.
______ James Vick_________
CHAIRPERSON
INDEX
CASE ID
AR20070011173
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070919
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.00
2.
3.
4.
5.
6.
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