IN THE CASE OF:	  

		BOARD DATE:	  	  

		DOCKET NUMBER:  AR20080008719


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 spent 10 days with the 25th Infantry in the Iron Triangle after being in country for 2 days.  He continues that he was in on Operation Junction City with his unit when their first man was hit by a rocket-propelled grenade and wounded.  He states, in effect, that he and two other Soldiers helped teach basic and advanced individual training to most of the men assigned or attached to Company A, 2d Battalion, 47th Infantry Regiment, 9th Infantry Division; that he and two other Soldiers were on the advanced party to the 25th Infantry Division to learn the ropes to show their men; that he was with his platoon with all the men on the [award] orders for 44 days in Vietnam; that he was on a day patrol ambush and a night ambush; and that he had to help the lieutenant find his way.  He also states in his attached self-authored statement that he was with these men who received the CIB approximately 30 days after he departed for discharge from active duty.  He further states that he believes that he earned the award over some others who received it for less service and reason, and that he always felt that the CIB is one of the highest honors for a trooper.

3.  The applicant provides copies of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), award orders, and two self-authored statements 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 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 military service records show that he was inducted into the Army of the United States on 18 January 1962.  He completed basic training and advanced individual training and was awarded the military occupational specialty (MOS) 133.10 (Personnel Carrier Driver).  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 16 December 1963 shows that he was separated from active duty under honorable conditions and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows that he served a total of 1 year, 10 months, and 29 days of creditable active military service during this period.  The highest rank he achieved was private first class/pay grade E-3.

3.  The applicant’s military service records also show that he was honorably discharged from the U.S. Army Reserve on 12 March 1964 to enlist in the Regular Army.

4.  The applicant enlisted in the Regular Army on 13 March 1964.  His military service records show that he completed basic training and was awarded the MOS 11D (Scout Driver).

5.  Item 12 (Last Duty Assignment and Major Command) of the applicant’s DD Form 214 for the period ending on 5 March 1967 shows that he was assigned to U.S. Army Vietnam with the Headquarters and Headquarters Company, 2d Battalion, 4th Infantry (Mechanized), as an Armor Intelligence Specialist at the time of his separation from active duty.

6.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in the Republic of Vietnam from 10 January 1967 through 5 March 1967.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending on 5 March 1967 does not show award of the CIB.

8.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not show award of the CIB.

9.  The Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, does not contain any orders on file awarding the applicant the CIB.

10.  Headquarters, 9th Infantry Division, Special Orders 104, dated 14 April 1967, awarded the CIB to one member of the Headquarters and Headquarters Company, 1st Brigade; 31 members of the Headquarters and Headquarters Company, 2d Battalion (Mechanized), 47th Infantry Regiment; and 16 members of Company E, 3d Battalion, 39th Infantry.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show that the 2d Battalion, 4th Infantry (Mechanized), was recognized for a meritorious act or achievement during the applicant’s period of assignment in the Republic of Vietnam.

12.  The applicant's DD Form 214 for the period ending on 5 March 1967 shows that he was separated from active duty under honorable conditions and transferred to the United States Army Reserve Control Group (Reinforcement).  His DD Form 214 shows that he served a total of 2 years, 11 months, and 23 days of creditable active military service during this period.  The highest rank he achieved was sergeant (temporary)/pay grade E-5.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB may be awarded to an infantry or special forces officer or an enlisted or warrant officer with an infantry or special forces MOS assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental or smaller size during any period such unit was engaged in active ground combat.  The Awards Policy Branch of the Army Human Resources Command has advised in similar cases that the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H during the Vietnam era.

14.  United States Army Vietnam Regulation 672-1 (Awards and Decorations) establishes policy governing award of the CIB for Army forces operating in South Vietnam.  Appendix V of this regulation specifically states that the CIB is the unique award “established to recognize the infantryman, and only the infantryman, for his service…Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”

15.  Department of the Army Pamphlet 672-3 contains a register of unit citations and campaign participation credits for the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to February 1986.  This pamphlet is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges.  Additional unit awards are included for meritorious achievement in the continental U.S. and other foreign countries.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the CIB was carefully considered and determined to be without merit.

2.  The applicant’s contention that he served with the Soldiers of the Headquarters and Headquarters Company, 2d Battalion (Mechanized), 47th Infantry Regiment, who were awarded the CIB was carefully considered; however, there is no documentary evidence in his available records which indicates that he served with these Soldiers during the period for which they were awarded the CIB.

3.  The applicant was awarded the MOS 11D and was assigned as an Armor Intelligence Specialist with the Headquarters and Headquarters Company, 2d Battalion, 4th Infantry (Mechanized), during his service in the Republic of Vietnam.  However, there is no evidence that he was assigned or attached to an infantry, ranger, or special forces unit during any period such unit was engaged in active ground combat in accordance with Army Regulation 600-8-22 and Department of the Army Pamphlet 672-3.  Further, the MOS 11D is not among those specified by the Army Human Resources Command Awards Policy Branch as a specialty historically awarded the CIB during the Vietnam era.  Therefore, he is not entitled to award of the CIB.


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)                                         AR20080008719



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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