IN THE CASE OF:	  

		BOARD DATE:	  11 August 2009

		DOCKET NUMBER:  AR20090004176 


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 he spent 14 months in Vietnam while assigned to the 2nd Battalion, 16th Infantry, 1st Infantry Division.  He continues that during the year they came under the administrative control of the 8th Battalion, 6th Artillery and then the 1st Battalion, 7th Artillery.  He states everyone in his platoon who came into country before him received the CIB.  He is a proud veteran who would like to see the record righted and did not realize at the time he could appeal.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), an Army Commendation Medal Certificate and citation, and a Certificate of Appreciation in recognition of his active service in support of this 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 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 was inducted into the Army of the United States on 24 January 1968 and upon completion of initial entry training he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He served in Republic of Vietnam from 27 June 1968 to 24 August 1969 while assigned to the Heavy Mortar Platoon, 2nd Battalion, 16th Infantry, 1st Infantry Division.  He was honorably released from active duty on 29 August 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal [with Device (1960)], Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Commendation Medal, and Army Good Conduct Medal.  Item 24 does not show the CIB as an authorized award.

4.  There is no entry in Item 41 (Awards and Decorations) of the applicant's 
DA Form 20 (Enlisted Qualification Record) showing he was awarded the CIB.

5.  There is no evidence in the applicant's records which shows he was awarded or recommended for the CIB.

6.  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.  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.

7.  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 military occupational specialty (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 applicant's request for award of the CIB has been carefully reviewed.

2.  The available evidence shows the applicant served in an infantry MOS and in an infantry unit in Vietnam; however, this evidence does not confirm and the applicant did not provide any evidence to show that he was personally present and participated in active ground combat while assigned or attached to this infantry unit.  His records also do not show he received any awards for valor or achievement that would give an indication he was exposed to active ground combat against the enemy.  

3.  Therefore, there is an insufficient basis for granting the applicant's requested relief.

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)                                         AR20090004176



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ABCMR Record of Proceedings (cont)                                         AR20090004176


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