IN THE CASE OF:
BOARD DATE: 12 MAY 2009
DOCKET NUMBER: AR20090000272
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 (CIB).
2. The applicant states that after leaving Vietnam, his First Sergeant told him that he did not have the time to submit a request for a CIB. His First Sergeant issued him a Vietnam Combat Certificate and told him to show this certificate to personnel at Fort Lewis, WA and they would issue the CIB to him. He states he was discharged within four hours after he arrived at Fort Lewis, WA and he did not think about it. He is now trying to file for Veterans Affairs (VA) compensation for Post Traumatic Stress Disorder but his claim could be helped if he had the CIB.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Vietnam Combat Certificate from the 173rd Airborne Brigade, in support of his 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 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. After having prior service in the Regular Army and the U.S. Army Reserve, the applicant enlisted in the Army National Guard on 1 July 1967. He was ordered to active duty on 13 May 1968 for a period of 24 months.
3. His DA Form 20 (Enlisted Qualification Record) shows he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).
4. His DA Form 20 shows he was assigned to Vietnam on 6 June 1969 with Company A, 1st Battalion, 50th Infantry, 173rd Airborne Brigade as a rifleman in duty MOS 11B.
5. His DA Form 20 does not list the CIB in item 41 (Awards and Decorations). There are no orders in the applicant's personnel records which show he was awarded the CIB.
6. The applicant departed Vietnam on 24 July 1969 and was released from active duty on 25 July 1969. His DD Form 214 shows he was awarded the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Vietnam Service Medal.
7. The applicant provided a Vietnam Combat Certificate from the 173rd Airborne Brigade. The certificate indicated that the applicant had faithfully served his country with Company A, 1st Battalion, 50th Infantry of the 173rd Airborne Brigade in the Republic of Vietnam. It also indicated that "He is deserving of the honors and respect afforded all Sky Soldiers whose courageous deeds and sacrifices have preserved the liberty of South Vietnam and advanced the cause of freedom throughout the world." The certificate does not specify the period of service and it does not indicate that he served in active ground combat.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicant's statements regarding award of the CIB were carefully considered. However, he has not provided sufficient evidence on which to grant his request.
2. The evidence of record shows the applicant was awarded MOS 11B and served as a rifleman with Company A, 1st Battalion, 50th Infantry, 173rd Airborne Brigade for less than 2 months during his tour in Vietnam.
3. The Military Awards regulation governing award of the CIB requires service in an infantry duty position in an infantry unit engaged in ground combat with the enemy. However, there is insufficient evidence available which shows he was engaged in actual ground combat while assigned to his unit in Vietnam. Therefore, there is insufficient evidence to show that the applicant has met all of the requirements for award of 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.
_______ _ 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) AR20090000272
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