IN THE CASE OF:		  

		BOARD DATE:	  5 March 2009

		DOCKET NUMBER:  AR20080018330 


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 he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that it is an injustice to deny him a CIB because he was not assigned to an infantry unit.  He adds that he was an infantryman and participated in mortar and other fire exchanges while in Vietnam.

3.  In a VA Form 21-4138 (Statement in Support of Claim), the applicant continued that while assigned to a security detachment in Vietnam, he was assigned as the squad leader of the mortar section.  In that capacity, he set up mortars around the bunker line/perimeter of his camp area and fired his mortar to repel the enemy on several occasions.  When he was later assigned to an aviation battalion, he served as a door gunner and on some missions fired at the enemy.

4.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record), and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 show that he was inducted into the Army of the United States and entered active duty on 16 August 1968, was awarded military occupational specialty (MOS) 11B (light weapons infantryman), and was promoted to pay grade E-5.

3.  The applicant served in Vietnam from 22 January 1969 to 19 January 1970.  While deployed to Vietnam, he was assigned as a rifleman, senior rifleman, and squad leader in a security detachment.

4.  He was honorably released from active duty on 19 May 1970.

5.  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.  Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

6.  The CIB was established by the War Department on 27 October 1943.  Lieutenant General Lesley J. McNair, then the Army Ground Forces Commanding General, was instrumental in its creation.  He originally recommended that it be called the "fighter badge."  The CIB was designed to enhance morale and the prestige of the "Queen of Battle."  Then Secretary of War Henry Stinson said, "It is high time we recognize in a personal way the skill and heroism of the American infantry." 

7.  Originally, the Regimental Commander was the lowest level at which the CIB could be approved and its award was retroactive to 7 December 1941.  There was a separate provision for badge holders to receive a $10 per month pay stipend, which was rescinded in 1948.  Several factors led to the creation of the CIB, some of the most prominent factors are as follows: 

	(a)   The need for large numbers of well-trained infantry to bring about a successful conclusion to the war and the already critical shortage of infantrymen. 

	(b)   Of all Soldiers, it was recognized that the infantryman continuously operated under the worst conditions and performed a mission which was not assigned to any other soldier or unit. 

	(c)   The infantry, a small portion of the total Armed Forces, was suffering the most casualties while receiving the least public recognition. 

	(d)   General Marshall's well known affinity for the ground forces Soldier and, in particular, the infantryman.  All these factors led to the establishment of the CIB, an award which would provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen serving in every theater. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to a security detachment and not an infantry unit, and there is no evidence that the applicant was assigned to an aviation battalion or that he served as a door gunner.  As such, he is not entitled to the CIB.

2.  While the applicant was an infantryman assigned to an infantry position, he was not subject to the living conditions, hardships, and dangers of an infantryman assigned to an infantry unit.  When assigned to an infantry unit, an infantryman operates in the field.  In Vietnam, that meant the risk of poisonous snakes, bobby traps, and ambushes.  Although the applicant's mission to secure the perimeter of a compound was equally as important, he was not subjected to those conditions and risks taken by an infantryman in an infantry unit in active ground combat.

3.  In view of the foregoing, there is no basis for granting the applicant's request.









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 our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20080018330



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ABCMR Record of Proceedings (cont)                                         AR20080018330



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