IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100012149 


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 others in his unit were authorized the CIB in a "blanket authorization."  He further states he applied for medals from the National Personnel Records Center and the CIB was not included.

3.  The applicant provides copies of a unit association email list and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 29 May 1965 for a period of
3 years.  After completing basic combat and advanced individual training he was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver) and assigned to Fort Benning, GA to attend the Basic Airborne Course.  After completing the Basic Airborne Course, he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion (Airborne), 501st Infantry, Fort Campbell, KY.

3.  Special Orders Number 87, issued by Headquarters, 101st Airborne Division, Fort Campbell, dated 11 April 1966, show the applicant was reassigned to HHC, 4th Battalion (Airborne), 503d Infantry.  The orders show the applicant was assigned to the unit in MOS 64A.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in item 22 (MOS) the applicant held MOS 64A and MOS 64B (Heavy Vehicle Driver);  

	b.  in item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 6 June 1966 to 5 June 1967; and 

	c.  in item 38 (Record of Assignments) he was assigned to HHC, 4th Battalion (Airborne), 503d Infantry, and served in duty MOS 11C as an assistant gunner and ammunition bearer while in the RVN.

5.  Item 41 (Awards and Decorations) of the DA Form 20 does not show award of the CIB.

6.  A DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 19 April 1967, shows that on or about 18 April 1967 the applicant failed to go at the time prescribed to his appointed place of duty, to wit:  Mortar Platoon, HHC, 4th Battalion (Airborne), 503d Infantry.

7.  Special Orders Number 117, issued by Headquarters, 173d Airborne Brigade (Separate), dated 27 April 1967, directed the applicant's reassignment to the U.S. Army Vietnam Returnee Detachment for further reassignment to the 5th Infantry Division, Fort Carson, CO.  The orders show his MOS as 64A.

8.  The applicant departed the RVN and was reassigned to Fort Carson on
13 July 1967.  He remained at his duty station until his honorable discharge on 28 May 1968 by reason of expiration of term of service.


9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show that he was awarded the CIB.

10.  The applicant's record does not contain orders awarding him the CIB.

11.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to enlisted members who have an infantry military occupational specialty (MOS).  They must have satisfactorily performed duty 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.  Award of the CIB will be announced in orders.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for award of the CIB.  

2.  The CIB is an individual award.  The fact that numerous Soldiers in a unit were awarded the CIB does not mean that all Soldiers in the unit received the award.  Although it was standard practice during the Vietnam era to award the CIB to multiple Soldiers in one special order, that practice was not equivalent to a "blanket authorization."  A determination of each Soldier's eligibility would have been made by a recommending and approval authority.

3.  The evidence of record shows the applicant served in duty MOS 11C while assigned to an infantry unit during his service in the RVN.  However, the evidence of record does not show, nor has the applicant provided evidence showing, he held an authorized infantry MOS and satisfactorily performed duty in active ground combat.  In the absence of such evidence, there is no basis for awarding him 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)                                         AR20100012149



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ABCMR Record of Proceedings (cont)                                         AR20100012149



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