IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20070013960 


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, in effect, award of the Combat Infantryman Badge (CIB) for his service in Vietnam.

2.  The applicant states, in effect, that it would be a great honor to receive the CIB even after 36 years.  The applicant believes that the reason why he did not received the CIB was an oversight on the part of the U.S. Army.  His reason for this request is to complete his military service.  Most importantly, this would provide a greater meaning and a privilege to have served with the men and women, officers and noncommissioned officers who received this award.  He adds that it was an honor to have served in the Republic of South Vietnam, in 
I Corps and the elite 101st Airborne from January to December of 1971.  He appreciates consideration and a positive deliberation in awarding him the CIB

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 available military record shows that he was inducted into the Army and entered active duty on 23 July 1970.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest grade he attained was specialist four (SP4) while serving on active duty.  
	
3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that he was assigned to Headquarters, 101st Airborne Division (Airmobile) in Vietnam.  He served in Vietnam from 3 January 1971 through 2 January 1972.  Item 38 (Record of Assignments) shows that during his Vietnam service he performed the duties of a clerk typist, MOS 71B.  

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards during his active duty tenure:  The National Defense Service Medal; the Vietnam Campaign Medal; the Vietnam Service Medal; the Army Commendation Medal and the Bronze Star Medal.  The CIB is not included in the list of awards contained in Item 41.  

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the CIB by proper authority while serving on active duty.  

6.  On 26 January 1972, the applicant was honorably separated after completing 1 year, 6 months and 4 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  The National Defense Service Medal; the Vietnam Campaign Medal with 60 Device; the Vietnam Service Medal with one bronze service; the Army Commendation Medal and the Bronze Star Medal.  The CIB is not included in the list of awards contained in Item 24.

7.  Chapter 8 of the awards regulation contains guidance on the CIB.  It states, in pertinent part, that in order to qualify for the CIB, a member must meet the following three requirements:  be an infantryman satisfactorily performing infantry duties; be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat.  Service in a combat zone or battle credit alone is not sufficient for award of the CIB.  The Awards Branch of the U.S. Army Human Resources Command has advised in similar cases that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
8.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 
6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all 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 1 or more days with an organization participating in or directly supporting military operations.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal (VCM).  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to the CIB was carefully considered and found to be without merit.

2.  The evidence of record shows that during the applicant's Vietnam tour, he was assigned to Headquarters, 101st Airborne Division (Airmobile) performing duties in MOS 71B as a clerk typist.  There is no evidence indicating that he ever performed duties as an 11B during his tour in Vietnam.  There is no evidence in his available record that shows that he was personally present and participated with a unit while it was engaged in ground combat with enemy forces.

3.  Further, the applicant's available military records is void of any orders or other documents that indicate he was ever recommended for, or awarded the CIB by proper authority while serving on active duty.  In addition, the CIB is not included in the list of authorized awards contained in Item 24 of his DD Form 214, and the applicant authenticated this document with his signature on the date of his separation.  In effect, his signature was his verification that the information contained on the DD Form 214, to include the list of awards contained in Item 24, was correct at the time the separation document was prepared and issued.  Therefore, in view of all of the foregoing, the applicant is not entitled to correction of his records to show award of the CIB.

4.  The regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  The applicant and all others concerned should 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.  

5.  The Military Awards regulation sets forth the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.
The CIB is the unique award established to recognize the infantryman and only the infantryman for his service, and that it was not an award for being shot at or for undergoing the hazards of day to day combat.  In this regard, the evidence of record shows that the applicant did not hold and/or serve in an infantry MOS while serving in Vietnam.  The applicant’s MPRJ is void of any orders or other documents that show he was ever recommended for or awarded the CIB by proper authority while serving on active duty.  Further, the CIB is not included in the list of awards contained in Item 41 of his DA Form 20, nor is it included in Item 24 of his DD Form 214.  Therefore, in view of all of the foregoing, the applicant is not entitled to correction of his records to show award of the Combat Infantryman Badge.

6.  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 

____X___  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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.




       _   ____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)                                         AR20070013960





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20070013960



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1