BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100011800
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 he was not issued a CIB for his service in Vietnam and he believes he is entitled to this award.
3. The applicant provides a copy of his DD Form 214, DD Form 215 (Correction to DD Form 214), and a Western Union Telegram.
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 applicants 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 applicants 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 was inducted into the Army of the United States on 17 August 1967. After completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 31M (Radio Relay Operator). The applicant served in Vietnam from 19 July 1968 to 13 March 1969. He was honorably released from active duty on 3 July 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the CIB. The applicant's military service records do not contain any orders awarding him the CIB.
4. A Western Union Telegram shows the applicant's parents were notified that the applicant was slightly wounded on 6 March 1969 as a result of hostile action. Additionally, General Orders Number 67, dated 8 March 1969, contained in the applicant's military personnel file, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 587th Signal Company in Vietnam, as a 31M, effective 19 July 1968.
6. 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.
7. Additionally, Appendix 3 to Annex A of this regulation listed advisor positions which qualified for award of the Combat Infantryman Badge. The regulation authorized award of the Combat Infantryman Badge to radio operators (MOS 05B) provided their primary duty was to accompany infantry or infantry-type units on tactical operations.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the available records to show the applicant was awarded or entitled to award of the CIB. Although the applicant's award of the Purple Heart verifies he was wounded as a result of hostile action, there is no evidence to show he was an infantryman or an 05B and performed these duties while serving in an infantry unit of brigade size or smaller during the time he served in active ground combat, which is required by regulation for award of the CIB. Therefore, there is insufficient evidence to show he met the minimum eligibility criteria for award of the CIB.
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) AR20100011800
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