IN THE CASE OF:
BOARD DATE: 5 November 2009
DOCKET NUMBER: AR20090009448
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 of his records to show award of the Combat Infantryman Badge (CIB) and Air Medal (AM).
2. The applicant states he was assigned to a combat strike force in Vietnam and was in combat continuously from January to April 1968.
3. The applicant provides no additional documentary evidence 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 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's military records show he was inducted into the Army of the United States on 17 July 1967. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), and pay grade E-4 was the highest grade that he held.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to A, 2d Battalion, 27th Infantry as a light weapons infantryman from
19 January to 23 April 1968 during his service in the Republic of Vietnam. The applicant was in a patient status from 24 April to 3 June 1968, however, it was not combat related.
4. Available records are void of any orders or other documents that indicate he was ever recommended for or awarded the CIB or AM by proper authority.
5. The applicant was honorably released from active duty on 16 July 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) after completing 2 years of creditable active service.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding the applicant the CIB or AM.
7. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 8 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.
8. Army Regulation 600-8-22 provides, in pertinent part, that the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.
DISCUSSION AND CONCLUSIONS:
1. By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS while assigned to an infantry unit, but he must also have been personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces. While the applicant contends he served continuously in combat for a period of time, there is no evidence in the available records and he did not provide sufficient evidence to support that he personally engaged in active ground combat with enemy forces. Therefore, regrettably, there is insufficient evidence to show he met the eligibility criteria for award of the CIB.
2. There is also no evidence or orders available to show the applicant was ever recommended for or awarded the AM. Therefore, he is not entitled to this medal.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090009448
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