IN THE CASE OF:
BOARD DATE: 13 May 2010
DOCKET NUMBER: AR20090019786
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 to be awarded the Combat Infantryman Badge (CIB).
2. The applicant states he was out on combat patrols periodically and was never awarded the CIB and thinks he should be.
3. The applicant provides no additional documentary evidence 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 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's record shows he was inducted into the Army and entered active duty on 28 October 1966. It also shows he was trained in and awarded military occupational specialty (MOS) 72C (Telephone Switchboard Operator).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 27 June 1967 through 26 June 1968. Item 38 (Record of Assignments) shows during his RVN tour of duty, he was assigned to Company A, 9th Signal Battalion, 9th Infantry Division, performing duties as a switchboard operator. Item 41 (Awards and Decorations) does not include the CIB in the authorized awards listed.
4. On 25 October 1968, the applicant was honorably released from active duty, in the rank of specialists four/E-4, after completing 1 year, 11 months, and
28 days of active duty service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he earned the following awards:
* National Defense Service Medal
* Vietnam Service Medal with 1 bronze service star
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar.
5. The applicant's record is void of documents or orders indicating he was recommended for or awarded the CIB by proper authority during his active duty tenure.
6. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Chapter 8 contains guidance on Badge and Tabs of United States Origin, and paragraph 8-6 contains guidance on award of the CIB. It states there are three basic requirements for award of the CIB as follows: the member must hold and be serving in an infantry MOS; he must be assigned to an infantry unit of brigade, regimental, or smaller size; and he must be present and participate with his qualifying infantry unit while it is engaged in active ground combat with enemy forces. During the Vietnam era, the CIB was awarded only to enlisted personnel who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention he should be awarded the CIB has been carefully considered. However, the evidence is not sufficient to support this claim.
2. By regulation, in order to qualify for the CIB, a member must hold and served in an infantry MOS; he must serve in an infantry unit of brigade, regimental, or smaller size; and he must be present and participate with his qualifying infantry unit while it is engaged in active ground combat with enemy forces.
3. The evidence of record confirms the applicant held MOS 72C and performed duties as a switchboard operator in a signal unit during his RVN tour. There is no evidence he ever held and served in an infantry MOS or that he served in a qualifying infantry unit while serving in the RVN. Therefore, he fails to meet the regulatory requirements necessary to qualify for award of the CIB. As a result, there is an insufficient evidentiary basis to support granting the requested relief.
4. The applicant and all others concerned should know that this action related to award of the CIB 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.
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) AR20090019786
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ABCMR Record of Proceedings (cont) AR20090019786
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