IN THE CASE OF:	  

		BOARD DATE:	    22 July 2010

		DOCKET NUMBER:  AR20100007279 


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, in effect, he performed duties associated with military occupational specialty (MOS) 11B (Infantryman) while in the Republic of Vietnam (RVN) from 8 January 1968 through 4 February 1969.  On 12 November 1968, he was assigned to Headquarters, U.S. Military Assistance Command Vietnam (MACV) Civil Operations and Revolutionary Support (CORDS) Advisory Team 20 as a Radio Operator.  He remained with this unit during his entire tour.  He further contends he was recommended for award of the CIB on three separate occasions during his tour in the RVN.

3.  The applicant provides the following in support of his application:

* Department of the Army, U. S. Total Army Personnel Command memorandum, dated 29 July 2002
* Unsigned recommendation for award of the CIB dated 17 February 1969
* DD Form 214, effective 16 March 1970
* DA Form 20 (Enlisted Qualification Record), dated 8 December 1969





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 
15 June 1967.  He was trained in and awarded MOS 71B (Clerk Typist).  

3.  The available evidence shows he served in the RVN from 12 November 1968 to 2 November 1969.  Special Orders 324, dated 19 November 1968, show he was assigned to MACV on 23 November 1068 in duty MOS 71B.

4.  The applicant was honorably released from active duty on 16 March 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years, 9 months, and 2 days of creditable active service.

5.  On 29 July 2002, the Military Awards Branch, U. S. Total Army Personnel Command determined the applicant did not qualify for award of the CIB because he did not serve in an eligible duty MOS while assigned to an infantry unit at least 30 days.

6.  Available records are void of orders that indicate the applicant was awarded the CIB by a proper authority.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the CIB.

8.  The applicant provides an unsigned CIB recommendation, dated 17 February 1969, with the following information:

* Item 1d (Authority for Assignment) states "UO 1 HQ CORDS TM 20, DTD 3 January 1969"
* Item 1e (Duty Position Title) states " Clerk Typist Opn/Intel Section"
* Item 1g (Period Detailed or Attached to Infantry - Type Unit, "8 Jan 68 to 
4 Feb 69"
* Item 1h (Dates Individual Accompanied Unit When He Came Under Hostile Fire):  8 January 1969, 20 January 1969, 1 February 1969, and 
6 February 1969

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 states that there are three basic requirements for award of the CIB.  The member must hold and serve in an infantry MOS; he must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and he must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further states that combat service alone is not a sufficient basis to support award of the CIB.

10.  U.S. MACV Directive 672-1 (Awards and Decorations) provided for award of the CIB.  It stated that the CIB was not a battle participation badge, “but is reserved for full time (30 or more days as a primary duty) advisors to infantry or infantry type units actively participating or engaged in infantry operations.”  The directive also stated:  “Personnel will not be assigned, detailed, or attached solely for the purpose of qualifying for this award.”  Appendix 3 to Annex A of this regulation listed advisor positions in MACV, which were considered infantry positions and for which award of the CIB was authorized.  The position of Radio Operator is among those positions authorized award of the CIB; however, the position of Clerk Typist is not authorized award of the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the CIB was carefully considered; however, there is insufficient evidence to grant relief.

2.  The evidence does not show he was awarded an infantryman MOS, nor was he assigned in a qualifying position authorized the award of the CIB as provided in MACV Directive 672-1 (Awards and Decorations) while attached to the CORDS, Advisory Team 20 in the RVN. 

3.  In view of the above, his request for award of the CIB should be denied.



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)                                         AR20100007279



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)