IN THE CASE OF:	  

		BOARD DATE:	        09 DECEMBER 2008

		DOCKET NUMBER:  AR20080015365 


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 records be corrected to reflect that he served as a combat infantryman in Vietnam and that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that during his first 4 months in Vietnam he was assigned to Company B, 2nd Battalion, 173rd Airborne Brigade.  He continues by stating that while he did not hold an infantryman military occupational specialty (MOS), he served as an infantryman in combat for 4 months until he was assigned the duties of a mail clerk.  After 2 months, he was transferred to Headquarters and Headquarters Company (HHC), 173rd Airborne Brigade where he became a singer and percussionist with a band that was created in 13 days that entertained the troops all over Vietnam until the end of his tour.  He goes on to relay his experiences as an infantryman in Vietnam and states that he was able to locate his former company commander who gave him a statement to document/support his request.

3.  The applicant provides, in support of his application, a three-page letter explaining his application and a notarized statement from a Retired colonel who asserts that he was the applicant's commander during his first tour in Vietnam.

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 on 9 November 1967 for a period of 3 years and training in the clerical career group.  He completed his basic combat training at Fort Gordon, Georgia, and was transferred to Fort Jackson, South Carolina to undergo his advanced individual training (AIT) as a clerk.  He completed his AIT and was awarded MOS 70A10 (clerk).  Upon completion of his AIT he was transferred to Fort Benning, Georgia to undergo airborne training.

3.  He completed his airborne training and was transferred to Vietnam on 24 April 1968.

4.  His Enlisted Qualification Record (DA Form 20) shows that he was initially assigned to HHC, 4th Battalion, 503rd Infantry for duty as an assistant company clerk.

5.  On 12 May 1968, he was transferred to Company B, 2nd Battalion, 503rd Infantry for duty as a clerk typist.  On 31 August 1968, he was assigned to the same unit as a company clerk.

6.  On 22 October 1968, he was transferred to HHC, 173rd Airborne Brigade for duty as a clerk typist in the S-3.  He was awarded MOS 71B2P (clerk typist/parachutist qualified) as his primary MOS on 11 November 1968.

7.  On 27 January 1969, he was transferred to Company A (Admin), 173rd Support Battalion for duty as a clerk typist.

8.  He departed Vietnam on 23 April 1969 and was transferred to Fort Leonard Wood, Missouri for duty as a clerk typist in a training unit.  He remained at Fort Leonard Wood until he was again transferred to Vietnam on 28 January 1970 for assignment to the 319th Artillery Regiment, 173rd Airborne Brigade as a clerk.  He also served for 2 months as an intelligence specialist.

9.  He departed Vietnam on 22 October 1970 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) in the pay grade of E-3 on 23 October 1970 as an overseas returnee.  He had served 2 years, 11 months, and 15 days 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 Parachutist Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and the Air Medal.

10.  A review of the applicant's official records fails to show that he was ever awarded the MOS of an infantryman or that he served as an infantryman while in Vietnam.

11.  The third-party statement provided by the applicant's company commander in Vietnam indicates that it was not unusual at the time, due to personnel shortages, to send new replacement to the field as infantrymen until they earned the privilege to work in the company orderly room and that the applicant was one of those that served in that capacity and engaged the enemy on a daily basis.  He states, in pertinent part, that the applicant is deserving of an award of the CIB.

12.  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 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.  The award of the CIB is announced in Special Orders with a specific effective date.

13.  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 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 sincerity of the applicant's and his former commander's contentions are not in doubt.  However, the available records contain no documentation to show that he actually served as an infantryman or that he was ever awarded an infantry MOS.   

2.  All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.  It is noted that the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught but it is not a basis for the award of the Combat Infantryman Badge.

3.  Therefore, in the absence of evidence to show that he was awarded an infantry MOS and that he was qualified to be awarded the CIB, there appears to be no basis to award him the CIB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  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)                                         AR20080015365



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ABCMR Record of Proceedings (cont)                                         AR20080015365



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