BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20100001079
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 although his military occupational specialty (MOS) was a 05B2P (radio operator), he never carried a radio. He states he was in active ground combat with a Ranger team and performed the same duties as his team members. He states it is an injustice that all his team members received the CIB except him because he did not have an infantry MOS.
3. The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214) and National Guard Bureau Form 22 (Report of Separation and Record of Service).
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 military records show he enlisted in the Regular Army on 22 May 1969. He completed initial entry training, was awarded the MOS of 05B (radio operator), and was promoted to pay grade E-3.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows while he was in Vietnam he was assigned to Company C (Rangers), 75th Infantry, during the period 19 August 1970 to 16 June 1971 with his principal duty assignment as a radio operator.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with two bronze service stars, Army Commendation Medal, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
5. The available records are void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority.
6. The applicant was honorably released from active duty on 22 December 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 2 years, 7 months, and 1 day of creditable active service.
7. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. Additionally, U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the CIB. Appendix 3 to annex A listed positions which qualified for award of the CIB. The regulation authorized award of the CIB to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.
DISCUSSION AND CONCLUSIONS:
1. By regulation, in order to support award of the CIB, in addition to evidence that a member served in an infantry MOS or as a radio operator accompanying infantry or infantry-type units on tactical operations while assigned to an infantry unit, there must also be evidence that the Soldier was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces. There is no evidence in the available records and he did not provide sufficient evidence to corroborate that he personally engaged in active ground combat with enemy forces. Therefore, regrettably, there is insufficient evidence to show he met the eligibility criteria for award of the CIB.
2. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100001079
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100001079
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