IN THE CASE OF:	  

		BOARD DATE:	  11 August 2009 

		DOCKET NUMBER:  AR20090004550 


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) and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states he spent 16 months in the Republic of Vietnam, he was assigned to an infantry unit, and his military occupational specialty (MOS) was 11B.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry, 3rd Brigade, 25th Infantry Division, in the Reconnaissance Patrol.  Upon his discharge he was not aware that his DD Form 214 was missing the CIB.  He applied to the Department of Veterans Affairs (DVA) for disability compensation.  He requested service-connected disability for post-traumatic stress disorder (PTSD) and without the CIB the DVA will not acknowledge his claims.  He needs to be treated for PTSD and receive compensation.  

3.  In support of his application, the applicant provides copies of a citation and certificate for the Army Commendation Medal and his DD Form 214.

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 records show he was inducted into the Army of the United States, in pay grade E-1, on 3 February 1966.  He completed basic combat and advanced individual training and he was awarded primary MOS 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from 4 August 1966 to 31 July 1967, with Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry, 3rd Infantry Brigade, 25th Infantry Division, for two campaigns. 

3.  Headquarters, 4th Infantry Division, General Orders Number 4342, dated
13 December 1967, awarded the applicant the Army Commendation Medal for meritorious service in the Republic of Vietnam for the period August 1966 to August 1967.  An attached citation stated the award was for meritorious service while serving as a member of Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry, 3rd Infantry Brigade, 4th Infantry Division.  The applicant performed his duties as an infantryman and squad leader in an outstanding manner and his knowledge, skill, and loyalty proved to be invaluable assets.  He devoted long and arduous hours under adverse weather and combat conditions in his contribution to the success of the 4th Infantry Division's mission in Vietnam.  
4.  The applicant was honorably released from active duty, in pay grade E-4, on
5 December 1967, prior to the expiration of his term of service.  He was credited with 1 year, 10 months, and 3 days of net active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the CIB.

6.  There are no orders in the applicant’s service personnel records that show he was awarded the CIB.  His DA Form 20 (Enlisted Qualification Record) does not list the CIB in Item 41 (Awards and Decorations).

7.  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 U.S. Army Republic of Vietnam Regulation 672-1 provided 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.

8.  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 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:

There is no evidence to show that the applicant was awarded the CIB while he served in Vietnam.  The evidence of record shows he was awarded the Army Commendation Medal for his meritorious service in Vietnam under adverse weather and under combat conditions while serving as a member of Headquarters and Headquarters Company of the 4th Infantry Division.  The evidence further shows the applicant served in an infantry MOS and in an infantry unit during his service in Vietnam.  However, there is no evidence of record and the applicant did not provide any evidence that confirms he participated in active ground combat while assigned to his infantry unit.  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)                                         AR20090004550



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004550


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1