IN THE CASE OF:	  

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080009140 


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), and all other awards to which he may be entitled.

2.  The applicant states, in effect, that while serving in the Republic of Vietnam (RVN), he was assigned to the 327th Infantry Regiment of the 101st Airborne Division, and performed duties in military occupational specialty (MOS) 11B, as a light weapons infantryman.  He now requests that his separation document 
(DD Form 214) be corrected by adding the CIB.

3.  The applicant provides his DD Form 214 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 records were not available to the Board for review. However, there is sufficient evidence available to allow the Board to conduct a fair and impartial review of this case.  This case is being considered using primarily the applicant's DD Form 214. 

3.  The applicant’s DD Form 214 shows he enlisted into the Regular Army and entered active duty on 28 September 1966.  Item 4 (Department, Component and Branch or Class) shows he was assigned to the Infantry Branch, and Item 
12 (Last Duty Assignment and Major Command) confirms he was assigned to Company A, 2nd Battalion (Airborne), 327th Infantry Regiment, 1st Brigade, 101st Airborne Division.  Item 25 (Specialty Number or Symbol) shows he held MOS 11B (Light Weapons Infantryman).

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that during his active duty tenure, he earned the following awards: the National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Parachutist Badge; Expert Marksmanship Qualification Badge with Machinegun Bar; and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The CIB is not included in the list of awards contained in Item 27, and the applicant authenticated this document with his signature in Item 34 (Signature of Person Being Transferred or Discharged).  

5.  On 18 January 1968, the applicant was honorably separated, in the rank of 
Private First Class (PFC), after completing 1 year, 4 months, and 21 days of active military service.  

6.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Awards and Decorations Computer Assisted Retrieval System (ADCARS), which contains award orders from the Vietnam Era. There are no award orders on file in ADCARS pertaining to the applicant.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 8 contains guidance on award of the CIB and states, in pertinent part, that in order to be eligible for the CIB, a member must have held and served in an infantry MOS; they must have served in a qualifying infantry unit of brigade, regimental, or smaller size; and they must have been present and personally participated with a qualifying infantry unit while it was actively engaged in ground combat with enemy forces.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB was carefully considered.  However, by regulation, in order to support award of the CIB, there must be evidence not only that the member held an infantry MOS and served in a qualifying infantry unit, but he must have also been personally present and actively participated in ground combat.  

2.  The evidence of record in this case, while showing the applicant held an infantry MOS and served in a qualifying infantry unit, the evidence does not confirm his active participation in ground combat with his unit.  Further, the CIB is not included in the list of authorized awards entered on the applicant's DD Form 214, which he authenticated with his signature on the date of his separation.  In effect, his signature was his verification that the information contained on the separation document, to include the list of awards, was correct at the time it was prepared and issued.  Absent any evidence confirming that he was awarded the CIB by proper authority while serving on active duty, or that verifies his active participation in ground combat with his qualifying infantry unit, the regulatory burden of proof 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.  

4.  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)                                         AR20080009140



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ABCMR Record of Proceedings (cont)                                         AR20080009140



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