IN THE CASE OF:	

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090014043 


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 he completed 11 months of distinguished service in Vietnam and was awarded the Bronze Star Medal for heroism on 17 March 1967.

3.  The applicant provides a copy of his DD Form 214 for the period ending 17 May 1967 and a copy of General Orders Number 484 issued by Headquarters, 1st Brigade, 101st Airborne Division, on 17 March 1967 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 are not available for review with this case.  However, his DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 3 August 1965.  This form further shows he completed the Radio Teletype Operator Course at Fort Gordon, GA, and that he held military occupational specialty (MOS) 13A (Field Artilleryman) at the time of his separation.  He was honorably released from active duty in the rank/grade of specialist four/E-4 and transferred to the U.S. Army Reserve Control Group (Annual Training) on 17 May 1967.

3.  The applicant’s records show he completed 11 months and 29 days of foreign service in the U.S. Army Pacific Command theater.  He was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 320th Artillery.

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 National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Parachutist Badge, and the Bronze Star with "V" Device.  Item 24 does not show award of the CIB.

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

6.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, 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 CIB.

7.  The applicant was awarded the Bronze Star Medal for heroism in connection with military operations against a hostile force while assigned to Headquarters and Headquarters Battery, 2nd Battalion, 320th Artillery.  General Orders Number 484, issued by Headquarters, 1st Brigade, 101st Airborne Division, cited the applicant's action as follows:

While making an assault against an enemy position, [Applicant's] company began to receive intense small arms fire from entrenched positions.  Since the company had organized its defense in a dry creek bed, it was necessary for the [Applicant], an artillery radio telephone operator, to move to an exposed position when it became clear that the fire requests could no longer be heard over the noise of the battle.  When the artillery forward observer was wounded, he remained in his position, calmly taking over the fire mission, adjusting the artillery fire even though exposed to the enemy fire.
8.  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 have 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.

9.  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 heroism in connection with military operations against a hostile force is not in question.  However, he did so while holding an artillery MOS and while assigned to an artillery unit.  By regulation, the CIB is authorized for award only to infantry Soldiers who have an infantry MOS and 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 or was assigned or attached to an infantry unit of brigade, regimental, or smaller size while directly involved in ground combat.  In the absence of evidence that the applicant held an infantry MOS and was an active participant in combat while assigned to an infantry unit, 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)                                         AR20090014043



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ABCMR Record of Proceedings (cont)                                         AR20090014043



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