IN THE CASE OF:	  

		BOARD DATE:	        28 AUGUST 2008

		DOCKET NUMBER:  AR20080010081 


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 that his award of the Combat Infantryman Badge (CIB) be added to his records.

2.  The applicant states, in effect, that he did not notice at the time of his release from active duty (REFRAD) that his records were missing the award of the CIB.  He goes on to state that while he was not an infantryman assigned to an infantry unit, he was under constant enemy fire while driving ammunition trucks from the Qui Nhon Depot.  

3.  The applicant provides a letter explaining his application, a copy of his DD Form 214, a map of Vietnam showing his transportation route and copies of pages from a book describing multiple events that occurred in the area he operated in.  

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 enlisted in Memphis, Tennessee on 13 September 1966 for a period of 3 years and training as an engineer heavy equipment operations and maintenance specialist.

3.  He completed his basic combat training at Fort Campbell, Kentucky and his advanced individual training at Fort Leonard Wood, Missouri before being transferred to Vietnam on 18 February 1967.  He was assigned to the 160th Heavy Equipment Maintenance Company in Qui Nhon for duty as a crane and shovel operator.  He was advanced to the pay grade of E-3 on 14 March 1967 and to the pay grade of E-4 on 12 July 1967. 

4.  He departed Vietnam on 9 February 1968 and was transferred to Fort Campbell.  He remained at Fort Campbell until 16 August 1968, when he was transferred to Fort Bragg, North Carolina.  

5.  On 12 September 1969, he was honorably REFRAD due to the expiration of his term of service (ETS).  He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

6.  A review of the applicant’s official records fails to show that the applicant was ever awarded the CIB or that he ever held the military occupational specialty (MOS) of an infantryman.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
  
8.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge 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.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 has not provided and the records do not contain orders awarding the applicant the CIB for his service in Vietnam.  

2.  Inasmuch as the evidence of record indicates that he did not possess the MOS of an infantryman and that he was not assigned to an infantry unit that engaged the enemy in combat, it appears that he was not eligible for award of the CIB.  

3.  Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant the applicant’s request to have the award of the CIB entered on his records.   

4.  While the sincerity of the applicant’s claim that he engaged the enemy on numerous occasions is not in doubt, the award of the CIB is specifically awarded to infantryman who are assigned to infantry units and engage the enemy in combat. 

5.  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

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  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 the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.





      ___        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)                                         AR20080010081





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ABCMR Record of Proceedings (cont)                                         AR20080010081



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