IN THE CASE OF:	  

		BOARD DATE:	       13 November 2008 

		DOCKET NUMBER:  AR20080007265 


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. 

2.  The applicant states that he was initially trained as a wheeled vehicle mechanic; however, upon arrival in the Republic of Vietnam, he was converted to an infantryman and was promoted to sergeant (SGT)/E-5.  He adds that he was told that upon his discharge, he would receive the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 18 July 1968 and 29 January 1971. 

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 30 July 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63C (Track Vehicle Repairman).  The highest rank/grade he attained during this period of military service was SGT/E-5.  

3.  The applicant’s records show he served in the Republic of Vietnam in his primary MOS as a track vehicle mechanic from 2 September 1967 to 17 July 1968.  He was assigned to Company C, 1st Battalion, 5th Infantry.

4.  The applicant’s records further show that he was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 18 July 1968.  Item 24 (Decoration, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  Item 24 of this DD Form 214 does not show award of the Combat Infantryman Badge.  

5.  After a break in service, the applicant enlisted in the Regular Army for a period of 3 years in the rank/grade of SGT/E-5 in MOS 11B (Light Weapons Infantry) on 4 June 1970, and was subsequently reassigned to the Republic of Vietnam on 11 June 1970.  He was initially assigned to Company B, 15th Transportation Battalion (Aircraft, Maintenance, and Supply), 1st Cavalry Division, on 21 June 1970. 

6.  On 4 September 1970, while still a member of Company B, 15th Transportation Battalion, the applicant pled guilty at a Special Court-Martial to one specification of failing to obey a lawful order, on or about 30 July 1970.  His sentence was adjudged on 2 September 1970 and approved on 2 October 1970. 

7.  On 9 September 1970, the applicant was reassigned to Company B, 2nd Battalion, 5th Cavalry, 1st Cavalry Division.  

8.  On 18 September 1970, the applicant departed Vietnam in an ordinary leave status; however, he did not return.  Accordingly, his unit reported him in an absent without leave (AWOL) status, effective 4 November 1970.

9.  The facts and circumstances surrounding his AWOL are not available for review with this case; however, his records show that he was returned to military control at Fort Leonard Wood, Missouri, on 6 December 1970, and was ultimately separated for unfitness on 29 January 1971.

10.  Item 24 of the DD Form 214 he was issued shows he was awarded the Vietnam Service Medal with one bronze service star and one Overseas Service Bar.  Item 24 of this DD Form 214 does not show award of the Combat Infantryman Badge.

11.  The applicant’s records do not contain orders awarding him the Combat Infantryman Badge.

12.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.

13.  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 Combat Infantryman Badge orders on file for the applicant.

14.  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:

1.  The evidence of record shows that the applicant served in the Republic of Vietnam from 2 September 1967 to 17 July 1968 and was assigned to an infantry unit of brigade, regimental, or smaller size (Company C, 1st Battalion, 5th Infantry); however, he held a vehicle mechanic MOS.  There is no evidence that he held and/or served in an infantry MOS during this period.  Therefore, the applicant did not meet the criteria for award of the Combat Infantryman Badge.


2.  The evidence of record also shows that the applicant completed another period of service in the Republic of Vietnam as an infantryman from 4 June 1970 to 18 September 1970 (when he departed on leave), and was assigned to a transportation and/or a cavalry unit.  There is no evidence that shows he was assigned to an infantry unit of brigade, regimental, or smaller size 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 did not meet the criteria for award of the Combat Infantryman Badge.

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.



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      _______ _   _______   ___
               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)                                         AR20080007265





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ABCMR Record of Proceedings (cont)                                         AR20080007265



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