IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100015133 


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 the award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, he earned this badge but it was never issued to him either by mistake or oversight by 1st Battalion, 5th Cavalry, 1st Cavalry Division.  He contends he served as an ammunition bearer for the M-60 machine gun and he was a rifleman from 3 December 1966 to 24 April 1967.  He was in several gunfights.  Further, he was awarded the Air Medal for completing over
25 combat air assaults.

3.  The applicant provides his DD Form 214 and page three of his 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's records show he was inducted into the Army of the United States on 7 April 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11H (Indirect Fire Crewman).  On 18 July 1967, he was awarded primary MOS 64A (Light Vehicle Driver)

3.  His records show he served in Vietnam from on or about 3 December 1966 to 26 November 1967.  He was assigned to:

* Company D, 1st Battalion, 5th Cavalry, 1st Cavalry Division from 3 December 1966 to 16 January 1967 in MOS 11H as an ammunition bearer
* Company B, 1st Battalion, 5th Cavalry, 1st Cavalry Division from 
17 January 1967 to 23 April 1967 in MOS 11H as an ammunition bearer
* 15th Administration Company, 1st Cavalry Division from 24 April 1967 to 25 November 1967 in MOS 64A as a light vehicle driver

4.  He was honorably released from active duty on 5 April 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service 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 Combat Infantryman Badge.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge.

7.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 6049, dated 4 October 1967, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period of 1 December 1966 to
30 April 1967 while assigned to the 15th Administration Company.

8.  There are no official orders in his records awarding him the Combat Infantryman Badge.


9.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge 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 Regulation 672-1 (Decorations and Awards) provides 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.

10.  U.S. Army Vietnam Regulation 672-1 specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is 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 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; or to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the award of the Combat Infantryman Badge.

2.  His infantry MOS and assignment to a Cavalry unit in Vietnam are not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence showing he participated in active ground combat while assigned to an infantry unit.

3.  In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he participated in active ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.  Therefore, his request should be denied.


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)                                         AR20100015133



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100015133



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1