IN THE CASE OF:	  

		BOARD DATE:	       19 August 2008

		DOCKET NUMBER:  AR20080008114 


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, in effect, that while serving in the Republic of Vietnam (RVN) he was assigned to a unit as an infantryman and performed the duties of an infantryman.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  On 23 June 1967, the applicant enlisted in the Regular Army for a period of
3 years.  He was trained in, awarded, and served in military occupational specialty (MOS) 94B (Cook).  He attained the grade of specialist four/E-4.  His significant personal decorations included the Purple Heart and the Army Commendation Medal (ARCOM) with "V" Device.

3.  The applicant served in the RVN from 5 December 1967 – 3 March 1968.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a cook with Headquarters and Headquarters Troop, 17th Cavalry (Airborne), 101st Airborne Division.  On 18 February 1968, the applicant was wounded in action against the enemy while on a combat operation.  He received a gunshot wound to the left hand and was awarded the Purple Heart.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the CIB.  His ARCOM with "V" Device orders show that he distinguished himself while serving as an armored crewman with the B Troop, 2nd Squadron, 17th Cavalry on 19 February 1968. 

5.  There are no orders in his official record showing he was awarded the CIB.  His DA Form 20 does not show award of the CIB.

6.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. 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 CIB orders on file for the applicant.

7.  Paragraph 8-6 of Army Regulation 600-8-22 provides for award of the CIB.  This paragraph 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 and 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.

8.  The Awards Branch of the HRC [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.

9.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the CIB is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the CIB based upon his performance of infantryman duties while in the RVN.

2.   By regulation, in order to qualify for the CIB, in addition to being an infantryman performing infantry duties, and being assigned to an infantry unit when the unit is engaged in active ground combat, the applicant must also show that he was actively participating in ground combat.  

3.  The evidence in the official record shows the applicant held MOS 94B and performed duties as a cook while in the RVN.  There is also evidence showing that he performed duties as an armor direct fire crewman (MOS 11H), that he was wounded in action during the performance of those duties, and was cited for heroism during combat operations against the enemy.  However, Army regulations require that a Soldier possess an infantry specialty and satisfactorily perform duties while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size for award of the CIB.  Regrettably, in the applicant's case, there is no evidence showing he possessed an infantry specialty and he was not assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size.  Given the above, there is no basis upon which to award the applicant the CIB.  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. 

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)                                         AR20080008114



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ABCMR Record of Proceedings (cont)                                         AR20080008114



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