IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090004603
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 the Combat infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the Bronze Star Medal with V Device for heroism in Vietnam; therefore, he is entitled to the CIB.
3. The applicant provides a newspaper article concerning his heroism.
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 held military occupational specialty (MOS) 31G (Tactical Communications Chief) and was assigned to Headquarters and Service Battery, 2nd Battalion, 33rd Artillery, 1st Infantry Division during his service in Vietnam from on/about 31 August 1966 to on/about 26 August 1967.
3. General Orders Number 3603, Headquarters, 1st Infantry Division, dated 21 May 1967, awarded the applicant the Bronze Star Medal with V Device. The narrative stated:
For heroism in connection with military operations against a hostile force: On this date, Sergeant [applicant] was participating in Operation Junction City near the Cambodian border. At approximately 2200 hours, his unit was suddenly subjected to an intense and unrelenting barrage of mortar, small arms and automatic weapons fire from a hostile force of undetermined size. Despite the concussion and shrapnel from the nearby mortar explosions, Sergeant [applicant] unhesitatingly moved from position to position to check on the status of his men and to give them words of encouragement. When a call from a nearby infantry unit needing reinforcements was monitored, Sergeant [applicant] moved with his batterys ready reaction force to the assistance of the unit. Once there, he quickly deployed his men into firing positions and then directed their fire onto the insurgent force with devastating effectiveness. Throughout the night, he and his men helped to successfully repel the repeated Viet Cong assaults. The great courage and unwavering dedication to mission demonstrated by Sergeant [applicant] contributed significantly to the overwhelming defeat suffered by the Viet Cong. Sergeant [applicants] outstanding display of aggressiveness, devotion to duty and personal bravery is in keeping with the finest traditions of the military service and reflect great credit upon himself, the 1st infantry Division, and the United States Army.
4. War Department Circular 269-1943 established the Combat Infantryman Badge to recognize and provide an incentive to infantrymen. All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises. ;However, no other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry. To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years. Those criteria are: (1) an officer must be an infantry officer and enlisted and warrant officer personnel must have an infantry MOS; (2) personnel must have served in active ground combat (3) while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of US Army Vietnam Regulation 672-1 provided 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 applicant requests award of the CIB.
2. The applicant served in Vietnam, but he held a Signal Corps MOS and he was assigned to a field artillery unit. Although he was deservedly cited for heroism during Operation Junction City, he does not qualify 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.
_______ _ 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) AR20090004603
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ABCMR Record of Proceedings (cont) AR20090004603
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