IN THE CASE OF:
BOARD DATE: 28 APRIL 2009
DOCKET NUMBER: AR20090000840
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, in effect, that during his time in the service he experienced hostile fire and three major booby trap incidents. He provides a brief synopsis of his military career and his encounter with the three booby traps and hostile fire. He states that upon his arrival in Vietnam, he was first assigned to B Battery, 6th Battalion, 11th Artillery and later to C Company, 4th Battalion, 3rd Infantry. He adds that he had no training in infantry or radio operation. He recalled an incident that occurred in which he or the forward observer tripped off a booby trap buried deep in the ground. On another occasion while on a two company sweep, he states that a booby trap was hit by the other company. The appellant maintains that on 15 April 1970, a new lieutenant tripped off a booby trap that caused him to lose his hearing. He concludes that his last encounter with hostile fire was when he and his unit were sent to protect a village and a listening post and received fire from the North Vietnamese Army.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), an internet article and excerpts from Army Regulation 600-8-22 (Military Awards).
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's military records show he was inducted into the Army of the United States and entered active duty on 22 July 1969. After completion of basic and advanced individual training he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic). His last duty assignment and major command is listed as Battery B, 6th Battalion, 11th Artillery, 23rd Infantry Division. The applicant was honorably released from active duty on 23 February 1971.
3. The internet article titled "Preacher and the Rice Bowl" provided an eyewitness account of C Company, 4th Battalion, 3rd Infantry, 11th Light Infantry Brigade's encounter with a booby trap on 15 April 1970. The applicant's name is not listed in this article.
4. The applicants DA Form 20 (Enlisted Qualification Record) shows that effective 19 January 1970, he was assigned to Battery B, 6th Battalion, 11th Artillery, Republic of Vietnam (RVN), in duty MOS 63A (Mechanical Maintenance Helper).
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 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The fact that the applicant provided an internet article recounting a booby trap incident that occurred on 15 April 1970, is not sufficient evidence to show that he was assigned to C Company, 4th Battalion, 3d Infantry at the time of the incident.
2. In any case, there is no evidence in the available records to show that the applicant should be awarded the CIB. There is no evidence that the applicant held an infantry MOS and served in an infantry unit of regimental size or smaller in active ground combat, which is required by regulation for award of the CIB. The evidence of record shows the applicant held a field artillery MOS. In view of this fact, there is an insufficient basis 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) AR20090000840
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