IN THE CASE OF:	 

		BOARD DATE:	       1 September 2009

		DOCKET NUMBER:  AR20090008310 


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 correction to his DD Form 214 (Report of Separation from Active Duty) to show his award of the Combat Infantryman Badge (CIB).   

2.  The applicant states, in effect, that he was awarded the CIB on the same date he was awarded the Army Commendation Medal.  The medal was awarded during combat service with the 2nd Battalion, 5th Cavalry, in the Republic of Vietnam, in 1972.  He also states the records of Company C, 2nd Battalion,
5th Cavalry should be checked.

3.  In support of his application, the applicant provides a copy of a Standard Form 180 (Request Pertaining to Military Records).

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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 26 April 1971.  He was discharged from the DEP on 27 June 1971 and he enlisted in the Regular Army (RA), in pay grade
E-1, on 28 June 1971 for 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from
3 January 1972 to 8 August 1972, with Company C, 2nd Battalion, 5th Cavalry, 3rd Brigade, 1st Cavalry Division (Airmobile); Company B and Headquarters and Headquarters Company, 1st Battalion, 12th Cavalry, 3rd Brigade; and Company E, 20th Infantry.

3.  Headquarters, 3rd Brigade, 1st Cavalry Division (Airmobile), General Orders Number 1837, dated 17 June 1972, awarded the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile enemy force in the Republic of Vietnam for the period 22 March 1972 to 27 June 1972.  

4.  The applicant was released from active duty, in pay grade E-1, on 24 June 1974 and he was transferred to the USAR Control Group (Reinforcement) 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.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the CIB pertaining to the applicant.  Only the orders for his Army Commendation Medal were located on ADCARS.

8.  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.

9.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the CIB is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB 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:

1.  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 achievement in connection with military operations against a hostile force in Vietnam.  While the evidence shows the applicant served in an infantry MOS and in an infantry unit during his service in Vietnam, 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, which is a prerequisite for award of the CIB.

2.  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)                                         AR20090008310



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ABCMR Record of Proceedings (cont)                                         AR20090008310



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