IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007845 


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 the following:

* He believes he deserves the CIB
* He requested the badge and was told he had to be in the infantry
* He served with Headquarters and Headquarters Company, 1st Battalion, 16th Infantry Reconnaissance (Recon) Platoon in Vietnam from December 1966 to March 1967
* He was in combat for more than 30 days and trained with the infantry

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

* Supplemental letter
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Roster of Soldiers assigned to Headquarters and Headquarters Company, 1st Battalion, 16th Infantry Recon Platoon in Vietnam
* Letter of support
* Reassignment Orders, dated 22 March 1967
* Page 1 of DA Form 20 (Enlisted Qualification Record)



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 enlisted in the Regular Army on 10 March 1965.  His DA Form 20 shows he was awarded military occupational specialty (MOS) 11B (light weapons infantryman) on 2 August 1965.  

3.  His DA Form 20 shows he was assigned to Vietnam from 5 December 1966 to 21 January 1967 with Company B, 1st Battalion, 16th Infantry, 1st Infantry Division as a rifleman in MOS 11B and he served in this MOS until he left Vietnam.  

4.  His 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.  On 16 May 1967, the applicant was awarded primary MOS 76Y (Unit and Organization Supply Specialist) and he served in this MOS until he was released from active duty.

6.  The applicant was released from active duty on 22 May 1968.  His DD Form 214 does not show entitlement to the CIB.

7.  The applicant provided a copy of a roster which shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 16th Infantry Reconnaissance Platoon in Vietnam.






8.  The applicant also provided a letter of support from a former fellow Soldier in which he stated the following:  

* He met and served with the applicant in Vietnam
* They were assigned to Headquarters and Headquarters Company, 
   1st Battalion, 16th Infantry Recon Platoon in Vietnam
* He served from January 1966 to January 1967 and the applicant served from November 1966 to April 1967
* They went on ambush patrols at night and did road convoys
* He possibly left Vietnam at the time of the applicant’s shooting incident 

9.  The applicant’s service record contains a DA Form 1577 (Authorization for Issuance of Awards), dated 19 February 1986, which shows he was issued a CIB.

10.  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, 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 applicant's contentions that he served with Headquarters and Headquarters Company, 1st Battalion, 16th Infantry Recon Platoon in Vietnam and was in combat for more than 30 days are noted.  However, there is insufficient evidence on which to correct his record to show award of the CIB in this case.

2.  To support award of the CIB, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and he must have actively participated in such ground combat.  

3.  The evidence of record shows the applicant served in MOS 11B while assigned to Headquarters and Headquarters Company, 1st Battalion, 16th Infantry Recon Platoon during his tour in Vietnam.  However, there is insufficient evidence to show the applicant actively participated in ground combat while serving with this unit.  Therefore, he has not met all the requirements for award of the CIB.

4.  Although the DA Form 1577 (Authorization for Issuance of Awards), dated 19 February 1986, shows the applicant was issued a CIB, it is unclear why he was issued this badge when there is no evidence of record which confirms he met the eligibility requirements for the CIB.

5.  The applicant’s letter of support from the former fellow Soldier was considered.  However, this document alone is insufficient as a basis on which to grant award of the CIB in this case. 

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)                                         AR20100007845



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ABCMR Record of Proceedings (cont)                                         AR20100007845



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