IN THE CASE OF:	  

		BOARD DATE:	 25 February 2010 

		DOCKET NUMBER:  AR20090016646 


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

2.  The applicant states that his military occupational specialty (MOS) was 11B and that he was assigned to the 101st Airborne Division and served in the Republic of Vietnam.  He also states, in effect, that he filed a claim for post-traumatic stress disorder and his claim was denied because there was no identifiable stressor in his record.

3.  The applicant did not provide any supporting evidence with his 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 was inducted into the Army of the United States on 15 May 1969.  He successfully completed basic and advanced individual training and was awarded MOS 11B.  The highest rank he attained was sergeant/pay grade E-5.

3.  Records show the applicant served in the Republic of Vietnam from 3 July 1970 to 15 August 1970.  While in the Republic of Vietnam, he was assigned to Company D, 1st Battalion, 327th Infantry, as a rifleman and squad leader in duty MOS 11B.  On 15 August 1970, records show he was medically evacuated from the Republic of Vietnam to the 248th General Hospital in Japan and then on to the military hospital at Fort Riley, KS.  The reasons for his medical evacuation to include his military medical records are not available for the Board's review.

4.  The applicant was honorably released from active duty on 14 May 1971 upon the expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his military service obligation.  The DD Form 214 issued to the applicant shows he completed a total of 2 years of active federal service with1 month and 13 days of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.

7.  A review of the applicant's official military personnel file did not reveal a copy of official orders awarding the applicant the CIB.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge:  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.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant is an infantryman holding MOS 11B and his records show he was assigned to an infantry unit smaller than a regiment, there is no evidence to show that the applicant was personally present and under hostile fire or engaged in active ground combat with enemy forces when he served in the Republic of Vietnam.  As such, he did not meet the necessary criteria for award of the CIB.

2.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence, specifically, documented evidence that shows he was engaged in active ground combat with enemy forces or that he was under hostile fire.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief for he did not meet the necessary requirements for award of the CIB.  Therefore, he is not entitled to have his records corrected to show award of the CIB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.



2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090016646



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ABCMR Record of Proceedings (cont)                                         AR20090016646



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