IN THE CASE OF:	

		BOARD DATE:	1 September 2009 

		DOCKET NUMBER:  AR20090006101 


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, in effect, award of the Combat Infantryman Badge (CIB). 

2.  The applicant states, in effect, that during his time in the Republic of Vietnam (RVN) the units he was assigned to were frequently subjected to small arms fire and he was a driver of a Sheridan Tank that was destroyed when it ran over a land mine.  He further states that he took part in ambush patrols and "recon" patrols during his time in the RVN.

3.  The applicant provides in support of this application a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), effective 17 March 1972.

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 record shows that he enlisted in the Army and entered active duty, on 29 January 1969, and that he was trained in and awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN for the period 19 August 1971 through 15 June 1972.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to     B Troop, 3rd Squadron, 5th Calvary Regiment and F Troop, 2 Squadron, 11th Armored Calvary Regiment performing duties in MOS 11D as an Armor Crewman and Scout Driver, respectively.

4.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that during his active duty service he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM) with 2 bronze service stars, Vietnam Campaign Medal (VCM) with 1960 Device, Armed Forces Expeditionary Medal (AFEM), and the Army Commendation Medal (ARCOM).  

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the CIB by proper authority while serving on active duty.

6.  On 17 March 1972, the applicant was honorably released from active duty after completing 2 years, 9 months, and 1 day of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:  NDSM, VSM, VCM, AFEM and the ARCOM.  The CIB is not included in the list of awards contained in Item 24 and the applicant authenticated this document with his signature in Item 32 (Signature of Member Being Transferred or Discharged) on the date of separation. 

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges, and paragraph 8-6 contains guidance on award of the CIB.  It states, in pertinent part, that there are three basic requirements for the CIB.  The member 


must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further stipulates that combat service alone is not a sufficient basis to support award of the CIB.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the CIB for his service in the RVN was carefully considered.  However, by regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

2.  The applicant's MPRJ is void of any orders or other documents indicating that the applicant was ever recommended for or awarded the CIB by proper authority while serving on active duty.

3.  The evidence of record shows the applicant was performing infantry duties in a cavalry unit.  From his statement ("a driver of a Sheridan Tank…"), it appears he may not have been performing infantry duties.  Therefore, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case. 

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20090006101



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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