IN THE CASE OF:	  

		BOARD DATE:	    12 January 2010

		DOCKET NUMBER:  AR20090014005 


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 that the award is not listed on his DD Form 214. 

3.  The applicant did not provide any additional documentary evidence in support of his request.

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 Regular Army (RA) for a period of 3 years on 28 February 1964.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MSO) 71B (Clerk Typist).  He was honorably released from active duty on
27 February 1967 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 15 August 1965 to on or about 31 July 1966.  He was assigned to Headquarters and Headquarters Company, 228th Aviation Battalion, 1st Cavalry Division.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Good Conduct Medal, National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and one overseas service bar.

5.  There are no orders in the applicant's records that show he was awarded the CIB.

6.  Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command (USAHRC) which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the CIB.  This regulation states that there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty and satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Commanders were not allowed to make any exceptions to this policy.  During the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  U.S. Army Vietnam Regulation 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.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.

2.  The applicant's service in the Republic of Vietnam is not in question.  However, he did so while holding an administrative MOS and while assigned to an aviation unit.  By regulation, the CIB is authorized for award to infantry Soldiers who have an infantry MOS and have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

3.  There is no evidence that the applicant held an infantry MOS; was assigned or attached to an infantry unit of brigade, regimental, or smaller size; or was directly involved in active ground combat.  In the absence of such evidence, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

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)                                         AR20090014005



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ABCMR Record of Proceedings (cont)                                         AR20090014005



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