IN THE CASE OF:
BOARD DATE: 5 August 2008
DOCKET NUMBER: AR20080008276
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, award of the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that he served 12 months in the Republic of Vietnam (RVN) with the 101st Airborne Division as an infantryman.
3. The applicant provides no additional documentary evidence in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record shows that he enlisted in the Army of the United States and entered active duty on 19 October 1967. He completed basic combat training at Fort Ord, California and advanced individual training (AIT) at Fort Lewis, Washington. Upon completion of AIT, he was awarded military occupational specialty (MOS) 70A (Clerk). His Enlisted Qualification Record
(DA Form 20) shows, in Item 31 (Foreign Service), that he served in the RVN from 15 February to 9 September 1969. Item 38 (Record of Assignments) shows that he performed the duties of an assistant document clerk in MOS 70A, and that he was assigned to the 368th Transportation Company during his tour in the RVN. His record is void of any orders, or other documents indicating he was ever recommended for, or awarded the CIB by proper authority while serving in the RVN.
3. On 9 September 1969, the applicant was honorably released from active duty after having completed a total of 1 year, 10 months, and 16 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the National Defense Service Medal, Vietnam Service Medal, and the RVN Campaign Medal. The CIB is not listed in Item 24, and the applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his release from active duty.
4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Chapter 8 of the awards regulation contains guidance on award of combat badges. It states, 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 regulation stipulates that combat service alone is not sufficient to support award of the CIB. In similar cases, the Military Awards Branch, Army Human Resources Command (HRC) has advised 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 applicants contention that he is entitled to the CIB was carefully considered. However, by regulation, in order to support award of the CIB, there must be evidence that the member held an infantry MOS; that he was assigned to a qualifying infantry unit of brigade, regimental or smaller size; and that he was present and participated as an infantry Soldier with a qualifying infantry unit while it was engaged in active ground combat with enemy forces.
2. The evidence of record in this case confirms that during his RVN tour, the applicant held and served in MOS 70A, as an assistant documents clerk while assigned to the 368th Transportation Company. There is no evidence to show he ever held or served in an infantry MOS or that indicates he was assigned to a qualifying infantry unit while serving in the RVN. As a result, the regulatory criteria necessary to support award of the CIB has not been satisfied in this case.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily 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) AR20080008276
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ABCMR Record of Proceedings (cont) AR20080008276
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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