BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100008788 


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 he was assigned to Delta Company, 2d Battalion, 60th Infantry Regiment, 9th Infantry Division during his entire tour in Vietnam.  He goes on to state that he functioned in the capacity of a field artillery platoon leader and company commander and he was awarded the Silver Star, four Bronze Star Medals (BSM) of which three were with “V” devices, Air Medal, three Army Commendation Medals (ARCOM) of which two were with “V” devices, and the Purple Heart.  He further states that he and 10 other Soldiers were handed their CIB's by the battalion commander in a ceremony at Tan Tru, Republic of Vietnam on or about 5 June 1969.

3.  The applicant provides:

* a copy of his DD Form 214
* a copy of orders awarding him the Silver Star
* copies of his BSM orders
* a copy of his Purple Heart orders
* copies of his ARCOM orders


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.  He was commissioned as a U.S. Army Reserve (USAR) second lieutenant on 9 June 1967 and he was ordered to active duty on 28 May 1968 to undergo training as a field artillery officer at Fort Sill, OK.  He completed his field artillery officer basic course and he was transferred to Fort Benning, GA for assignment to a training battalion.

3.  The applicant was transferred to Vietnam on 5 May 1969 and he was assigned to Battery C, 2d Battalion, 4th Field Artillery Regiment, 9th Infantry Division for duty as a forward observer of a 105mm Howitzer Battery in direct support of an infantry brigade engaged in counterinsurgency operations.  He was promoted to the rank of first lieutenant (1LT) on 28 May 1969 in specialty 1193 (field artillery unit commander).  He was attached to Company D, 2d Battalion, 60th Infantry regiment for duty as a forward observer.

4.  The applicant was wounded on 2 July 1969 and he was awarded the Purple Heart.  He departed Vietnam on 16 August 1969 for Hawaii.  He departed Hawaii on 8 September 1969 and he was transferred to Fort Sill, where he remained until he was honorably released from active duty (REFRAD) on 27 May 1970.  He had served 2 years, 11 months, and 19 days of total active service.  His
DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, ARCOM with “V” Device and oak leaf cluster (OLC), BSM with “V” Device with 3rd OLC, Silver Star, Purple Heart, Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  A review of his records failed to produce any indication or orders to show that he was awarded the CIB.  Additionally, there is no evidence in his records that 


show that he was awarded an infantry specialty.  A review of his officer efficiency report and his award citations indicate that he served as a forward observer during his entire tour in Vietnam.  There is no indication that he served as a commander of an infantry unit while in Vietnam.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

7.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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.  While the sincerity of the applicant’s claim that he was awarded a CIB is not in question, the applicant has not provided and his records do not contain orders awarding him the CIB.  Furthermore, there is no indication in the form of entries or annotations in his records to show that he was awarded the CIB.

2.  Additionally, the applicable regulations regarding the eligibility for award of the CIB did not then nor do they now provide any provisions that allow the award of the CIB to forward observers unless they possess an infantry MOS.

3.  While it is eminently clear that he would have been eligible to receive the CIB had he held an infantry MOS, there is no evidence present in this case to show that such was the case.  Accordingly, there appears to be no basis to add the award of the CIB to his records at this time.


4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x__  _____x__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20100008788



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)