IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080006791 


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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB).  

2.  The applicant states, in effect, that the CIB is not listed as being earned in his Army records.  For the past 40 years, he thought he had a CIB.  He met all the requirements for eligibility.

3.  The applicant provides a copy of his DD Form 214 and three buddy statements, from servicemen who served with the applicant in Vietnam, in support of his request.

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 record shows he was inducted on 18 January 1967.  He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS) 11B.  He was promoted to Specialist Four (SP4)/E-4 effective 16 January 1968.  

3.  The applicant served in Vietnam from 20 June 1967 to 16 June 1968.  He served until he was honorably released from active duty on 17 January 1969. 

4.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service Medal, with two bronze service stars; the National Defense Service Medal; the Republic of Vietnam Campaign Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar; and the Marksman Marksmanship Qualification Badge, with Machinegun Bar.  His DD Form 214 does not show any additional awards.

5.  In his request to the Board, the applicant states "for the past 40 years I thought I had a CIB." 

6.  There are no orders in the applicant's available personnel records which show that he was awarded the Combat Infantryman Badge. 

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served as a scout observer, (attached to LRRP [Long Range Reconnaissance Patrol]) Troop F, 17th Cavalry Regiment, 196th Light Infantry Brigade; as a scout observer with HHC (Headquarters and Headquarters Company), 23rd Infantry Division; and as a senior scout observer, with Company E, 51st Infantry Regiment (LRRP), in Vietnam.  

8.  The applicant provides three "buddy statements" which describe and elaborate on the incidents that occurred while they served with the applicant in Vietnam. They attest to his presence in Vietnam, being a member of the LRRP team which involved combat with the enemy, and that he served with a frontline unit.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers, and to enlisted and warrant officer personnel who have an infantry 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 CIB 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 earned, and therefore was entitled to award of the CIB.  He adds that "for the past 40 years I thought I had a CIB."  If awarded a CIB, it is not likely the applicant would ever forget this award which is coveted by an infantryman.

2.  The evidence shows that the applicant held an infantry MOS and was assigned duties as a scout and senior scout observer with an infantry unit; however, there is no evidence, and the applicant provided none to show he served in active ground combat while assigned to an infantry unit serving in Vietnam and was awarded the CIB.  Based on the evidence, he is not entitled to have the CIB added to his DD Form 214.

3.  The statements provided by the applicant's war-time comrades who served with him in Vietnam are insufficient to warrant the requested relief.  The "buddy statements" were prepared 39 years after the applicant's release from active duty and they do not support award of the Combat Infantryman Badge.  They attest to his presence in Vietnam, being a member of the LRRP team which involved combat with the enemy, and that he served with a frontline unit; however, they did not provide corroborating evidence to prove beyond a "reasonable doubt" that the applicant served in active ground combat while assigned as a member of an infantry unit.

4.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise 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 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x___  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)                                         AR20080006791



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ABCMR Record of Proceedings (cont)                                         AR20080006791



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