IN THE CASE OF:	  

		BOARD DATE:	       14 August 2008

		DOCKET NUMBER:  AR20080004261 


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 that he was an active member of a forward observer team and served as a radio telephone operator (RTO) with A Company, 1st Battalion, 506th Infantry, 101st Airborne Division, and was involved in several combat situations, in the Republic of Vietnam from 1971 to 1972, but never received the CIB.  

3.  The applicant provides a copy of his reissued DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 December 1973.  

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 records show he enlisted in the Regular Army for a period of 3 years on 19 June 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 36K (Field Communication Crewman).  He was honorably discharge on 27 February 1971 for the purpose of immediate reenlistment and reenlisted for a period of 3 years on 28 February 1971.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

3.  The applicant’s records show that he served in the Republic of Vietnam from 5 June 1971 to 28 March 1972.  He was assigned in his 36K MOS as follows:

	a.  from 5 June 1971 to 9 December 1971, Battery A, 2nd Battalion, 319th Artillery, as a wireman; and 

	b.  from 10 December 1971 to 28 March 1972, 372nd Transportation Company, as a field communication crewman.

4.  Upon completion of his tour in the Republic of Vietnam, the applicant was reassigned to Fort Bragg, North Carolina, where he was awarded MOS 11B (Light Weapons Infantry) on 1 June 1972.  He subsequently served at Fort Leonard Wood, Missouri, until he was discharged on 4 December 1973.

5.  Item 24 (Decoration, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's reissued DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, one Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show award of the CIB.  

6.  The applicant’s records do not contain General Orders awarding him the CIB.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.

8.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any award of the CIB orders on file for the applicant.


9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge (CIB).  This regulation states that 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.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Commanders were not allowed to make any exceptions to this policy.  During the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that the applicant was awarded a communications/signal MOS following completion of training and served in that MOS in the Republic of Vietnam.  There is no evidence that shows he held an infantry MOS during his service in the Republic of Vietnam or that he was engaged in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  As a result, the applicant does not meet the criteria for award of the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.


															XXX
      ______________________
               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)                                         AR20080004261



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ABCMR Record of Proceedings (cont)                                         AR20080004261



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