IN THE CASE OF:	  

	BOARD DATE:	  11 June 2008

	DOCKET NUMBER:  AR20080005557 


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 told he had earned the CIB in August 1967 and saw orders awarding it to him.  He provides orders indicating that 15 other    men of the troop he served with received the CIB.

3.  The applicant provides CIB orders, dated 15 April 1967.

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 was inducted into the Army on 7 July 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3.  The applicant arrived in Vietnam and was assigned to A Troop, 1st Squadron, 10th Cavalry, 4h Infantry Division, on 13 January 1967.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he performed duties as a scout observer in duty MOS 11D (Armor Intelligence Specialist).

4.  Headquarters, 1st Brigade, 4th Infantry Division, Special Orders Number 101, dated 15 April 1967, awarded the CIB to 43 Soldiers of the 1st Battalion, 8th Infantry; the 3d Battalion, 8th Infantry; the 1st Brigade, 4th Infantry Division, and A Troop, 1st Squadron, 10th Cavalry, for date of action 6 January to 12 April 1967.  Awards to Soldiers of the 1st Battalion, 8th Infantry and of the 3d Battalion, 8th Infantry included Soldiers who apparently held other-than-infantry MOSs (such as 94B (Food Service Specialist) and 76K (General Supply Specialist) and 76A (Supplyman)).  All Soldiers of A Troop, 1st Squadron, 10th Cavalry, who were awarded the CIB on this order apparently held MOS 11C (Infantry Indirect Fire Crewman).

5.  The applicant was awarded primary MOS 11D and secondary MOS 11B on   4 September 1967.

6.  The applicant departed Vietnam on 17 December 1967 after being credited with participation in two campaigns.

7.  On 9 July 1968, the applicant was released from active duty.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Sharpshooter and Marksman Marksmanship Qualification Badges with Rifle bar.

8.  No CIB orders are filed in the applicant’s records.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the CIB.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  

10.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient 

to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the CIB to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation.

11.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  

12.  Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credited.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 1st Squadron, 10th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through       28 July 1969 by Department of the Army General Orders Number 3, dated 1970.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Squadron, 10th Cavalry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by Department of the Army General Orders Number 39, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  It is recognized that other Soldiers assigned to the applicant’s unit were awarded the CIB.  However, it appears that all of those Soldiers were infantryman (i.e., that they all held infantry MOS 11C) and presumably performed infantry duties.  While it is also recognized that during the date of action for which those CIBs were awarded the applicant was also an infantryman (i.e., he held primary MOS 11B), his records show that he was not performing infantry duties.  His DA Form 20 shows he performed duties in armor MOS 11D.  


2.  It is further recognized that the CIB orders provided by the applicant show the CIB was awarded to Soldiers who it appears were not infantryman (i.e., to Soldiers who held MOSs such as 94B or 76K).  If those Soldiers truly did not hold an infantry MOS then they were erroneously awarded the CIB.  

3.  Regrettably, there is insufficient evidence to show the applicant met the eligibility criteria for award of the CIB.  

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

5.  The applicant was credited with participation in two campaigns and is therefore eligible to wear two bronze service stars on his Vietnam Service Medal. His DD Form 214 should be amended to reflect this.

6.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  ___xx___  ___xx___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by amending his DD Form 214 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is eligible to wear two bronze service stars on his already-awarded Vietnam Service Medal.



	________xxxxxx_________
      	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)                                         AR20080005557



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ABCMR Record of Proceedings (cont)                                         AR20080005557



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