IN THE CASE OF:	  

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090011771 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states the CIB was left off of his records at the time of his discharge.  He states that he was assigned to an infantry unit and he had an infantry military occupational specialty (MOS).  He also indicates that his records show his service and unit of assignment in Vietnam.

3.  The applicant provides a letter from the National Personnel Records Center (NPRC), dated 23 May 2005; Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 28 January 2009; DA Form 8-275-3 (Clinical Record Cover Sheet), dated 14 November 1966; DD Form 21; an undated self-authored letter, entitled "PTSD [Post-Traumatic Stress Disorder]; and notice of death of a fellow Soldier from his unit 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 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 military records are not available for review.  It is believed that the applicant's records were removed from the file area in order to respond to a prior inquiry and cannot be located as indicated in the NPRC letter provided by the applicant.  However, there were sufficient documents available to conduct a fair and impartial review of this case.

3.  The applicant's available records show he was inducted into the Army of the United States on 2 April 1965.  He was awarded MOS 11H (infantry direct fire crewman).  The highest rank/grade he held during his tenure of service was specialist four (SP4)/E-4.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, two Overseas Service Bars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  A DA Form 8-275-3 shows that while he was assigned to an infantry unit in Vietnam he was hospitalized for malaria from 17 October 1966 to 14 November 1966.

5.  Available records are void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority.

6.  The applicant was honorably released from active duty on 8 January 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year,
9 months, and 7 days of creditable active service.

7.  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.



8.  The applicant provided a copy of a self-authored document entitled "PTSD" which chronicled several combat activities while serving in Vietnam.  The 
document describes the applicant experiencing numerous combat engagements with the enemy and the related trauma.

9.  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; he must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and he 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.  By regulation, in order to support award of the CIB, in addition to evidence that a member served in an infantry MOS while assigned to an infantry unit, there must also be evidence that the Soldier was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  While the applicant provided a self-authored document entitled "PTSD" which chronicled numerous combat engagements with the enemy, there is no evidence in the available records and he did not provide sufficient evidence to corroborate 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.  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)                                         AR20090011771



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ABCMR Record of Proceedings (cont)                                         AR20090011771



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