IN THE CASE OF:
BOARD DATE: 21 May 2009
DOCKET NUMBER: AR20080019343
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 that he served as an infantryman in military occupational specialty (MOS) 11B while serving in Vietnam.
3. The applicant provides his DD Form 214 (Report of Separation from Active Duty) for the period ending 24 April 1975 and an internet excerpt concerning the award criteria for the CIB.
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 applicants 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 applicants 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 or reenlisted in the Regular Army on 25 February 1970 with prior active service. The applicant's records contain limited records for his service prior to this date.
3. The applicant reenlisted on 25 April 1975 and was honorably released from active duty on 15 June 1976. The DD Form 214 he was issued showed that he had served in Indochina or Korea from 29 December 1965 to 22 March 1966. His awards and decorations included Vietnam service medals and the Purple Heart. His MOS was listed as 31G (Tactical Communications Chief).
4. The applicant's DA Form 2-1 (Personnel Qualification Record) item 6 (Military Occupational Specialties), shows that the applicant was awarded the primary MOS of 31G on 29 November 1969; he was awarded the secondary MOS of 36K (Tactical Wire Operations Specialist) on 13 December 1968; and he had been awarded the MOS of 11B (Infantryman) on 11 March 1964 (it was awarded as an additional MOS on an unknown date). Item 5 (Oversea Service) of this form shows that the applicant served in Vietnam from 29 December 1965 to 22 March 1966. However, this form only shows the applicant's assignment history from 28 October 1974.
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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. While there is evidence to show that the applicant held an infantry MOS while he served in Vietnam, there is no evidence that he served in an infantry unit in Vietnam or that he was engaged with the enemy.
2. While the applicant was awarded the Purple Heart, this decoration would be awarded to a Soldier who was wounded as a result of a booby trap or as a result of mortars being fired into a base camp. As such, this decoration does not necessarily mean the applicant had engaged the enemy in combat.
3. In view of the foregoing, there is insufficient evidence with which to grant the applicant the CIB.
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) AR20080019343
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