IN THE CASE OF:	

		BOARD DATE:	2 September 2010

		DOCKET NUMBER:  AR20100008515 


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.  He states the original DD Form 214 he received showed award of the CIB.  After the loss of his original DD Form 214 he requested a copy and received a copy of the DD Form 214 which did not show the CIB.  He was in a reconnaissance platoon with the 1st Battalion, 22nd Infantry, 4th Infantry Division from 1 June 1969 to 1 June 1970, and he was in combat for 1 year.  This is his second attempt to get this corrected.

3.  He provides a copy of his DD Form 214.

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 records show he enlisted in the Regular Army on
25 December 1968 in pay grade E-1 for 2 years.  He completed training and he was awarded the primary military occupational specialty (MOS) of 11F (Infantry Operations and Intelligence Specialist) and a secondary MOS of 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 2 June 1969 through 1 July 1970.  He served in MOSs 11B and 31G (Tactical Communications Chief) during his entire service in Vietnam.  He was assigned to Company E, 1st Battalion, 22nd Infantry,
4th Infantry Division.

4.  He was honorably released from active duty in pay grade E-5 on 9 December 1970, at the expiration of his term of service, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.

7.  His Official Military Personnel File (OMPF) does not contain a copy of any other DD Form 214 than same one provided by the applicant.

8.  Army Regulation 600-8-22 (Military Awards) specifies 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 (Awards and Decorations) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

9.  USARV Regulation 672-1 specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the 

infantryman and only the infantryman for his service.  Further, “the CIB is not an 
award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the CIB, the evidence must show that an individual held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence of record shows he completed training and he was awarded MOSs 11F and 11B.  The evidence also shows he served in MOS 11B and 31G during his period of service in Vietnam.  It is also noted he served in an infantry unit during his period of service in Vietnam; however, there is no evidence of record and he did not provide sufficient evidence that confirms he participated in active ground combat while assigned to his infantry unit, which is a prerequisite for award of the CIB.

3.  Based on the foregoing, there is insufficient evidence to support granting the applicant's requested relief.

4.  While the evidence of record is insufficient, he may reapply to this Board if he is able to provide documented evidence of his participation in active ground combat such as sworn affidavits, eyewitness statements, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the 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)                                         AR20100008515



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS



1

ABCMR Record of Proceedings (cont)                                         AR