IN THE CASE OF:
BOARD DATE: 8 April 2010
DOCKET NUMBER: AR20090017635
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states he served in Vietnam in military occupational specialty (MOS) 11B (light weapons infantryman).
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of 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 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 was inducted into the Army of the United States on 14 May 1969. At the completion of basic combat and advanced individual training he was awarded MOS 11B. He later completed basic airborne training.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 14 June 1970. He was assigned to Headquarters and Headquarters Company, 173rd Airborne Brigade as a physical activities specialist in duty MOS 03C2P (athletic instructor) on 20 June 1970. He was further assigned as a squad leader in duty MOS 11B on 30 June 1970.
4. The applicants DA Form 20 does not list the CIB in item 41 (Awards and Decorations). His personnel records do not contain orders which show he was awarded the CIB.
5. The applicant departed Vietnam on 12 April 1971 and he was released from active duty on 19 April 1971.
6. His DD Form 214 shows he was authorized the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* Republic of Vietnam Campaign Medal
* Two Overseas Service Bars
7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he served in Vietnam as an 11B is acknowledged. His DA Form 20 shows he performed duties as a squad leader in MOS 11B.
2. The evidence of record shows the applicant was awarded MOS 11B and served in this MOS while performing the duties of a squad leader with the 173rd Airborne Brigade during his tour in Vietnam.
3. The Military Awards regulation governing award of the CIB requires service in an infantry duty position in an infantry unit engaged in ground combat with the enemy. The applicants service record does not contain sufficient evidence which shows he was engaged in actual ground combat while assigned to an infantry unit in Vietnam. Therefore, the applicant has not met all of the requirements for award of the CIB.
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) AR20090017635
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