IN THE CASE OF:	  

		BOARD DATE:	       16 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080010054 


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 and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his rifle qualification badges.

2.  The applicant states, in effect, that he served in military occupational specialty 11B (Light Weapons Infantryman) and that he earned these awards. 

3.  The applicant did not provide additional documentary evidence in support of this 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.  In a previous decision before the Board (ABCMR Docket Number AR20070005538, dated 6 September 2007) the applicant's record was corrected to show award of the Bronze Star Medal, the Vietnam Service Medal with 1 silver service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and 2 Overseas Service Bars.  He was issued a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) on 7 May 2008 reflecting these changes.   

3.  On 10 August 1967, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in MOS 11B.  He attained the grade of specialist/E-4.  On 22 March 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  

4.  The applicant served in the Republic of Vietnam (RVN) from 23 March 1968 through 22 March 1969.  He performed duties as a rifleman with Headquarters and Headquarters Company, 1st Battalion, 505th Infantry Regiment.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the CIB.  The applicant authenticated his DD Forms 214 with his signature.

6.  There are no orders in the applicant's record to show he was recommended for or awarded the CIB.  His DA Form 20 (Enlisted Qualification Record) does not document award of the CIB.

7.  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 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 CIB orders on file for the applicant.

8.  Paragraph 8-6 of Army Regulation 600-8-22 (Military Awards) 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.

9.  The Awards Branch of the U.S. Army Human Resources Command (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.  

10.  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.

11.  Special Orders Number 273, Headquarters (HQ), U. S. Army Training Center, Armor, Amor, Fort Knox, Kentucky, dated 30 September 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.  This award is not shown on his DD Form 214.  

12.  Special Orders Number 81, Department of the Army, HQ, U.S. Army Personnel Center, Fort Lewis, Washington, dated 21 March 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.  This award is not shown on his DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully considered.  However, 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, the applicant must also show he actively participated in ground combat with the unit. 



2.  The evidence of record shows the applicant held MOS 11B and was assigned to an infantry unit; however, there is insufficient evidence in his official record to show that he actively participated in ground combat.   Therefore, there is an insufficient evidentiary basis to support award of the CIB in this case.  The Board wants the applicant and all others concerned to 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.

3.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar and the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.  Therefore, he is entitled to have his record corrected to show these awards.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the already-awarded Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the CIB.  



      ___        XXX                ___
                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)                                         AR20080010054



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ABCMR Record of Proceedings (cont)                                         AR20080010054



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