IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100015814 


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:

	a.  that upon being assigned to the Republic of Vietnam (RVN) with Company C, 2nd Battalion, 8th Cavalry Regiment, a line unit, his first sergeant told him experienced radio operators were needed in the bush;

	b.  he served more than 40 continuous days in the field as a radio operator;

	c.  he believes the error is that he held military occupational specialty (MOS) 05B (Radio Operator) and not an 11B (Infantryman); and

	d.  he was awarded three bronze service stars for campaigns he participated in while serving in the RVN and the Bronze Star Medal (BSM) which proves he qualifies for the CIB.

3.  The applicant provides the following documents in support of his request:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 1577 (Authorization for Issuance of Awards)


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 record shows he enlisted in the Regular Army on 17 February 1971.  He was trained in and awarded MOS 05B as a member of the U.S. Army Signal Corps.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 8 August 1971 to 10 April 1972.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 1st Battalion, 12th Cavalry Regiment, and to the 2nd Battalion, 8th Cavalry Regiment.  His assigned duty is not shown and item 41 (Awards and Decorations) does not include the CIB.

4.  The applicant's official military personnel file (OMPF) is void of any orders or documents that indicate the applicant was ever recommend for or awarded the CIB while serving in the RVN.

5.  The applicant's OMPF contains Headquarters, 3rd Brigade, 1st Cavalry Division, General Orders Number 1221, dated 13 April 1972.  It confirms the applicant was awarded the BSM for meritorious service in connection with ground operations against a hostile enemy in the RVN during the period August 1971 to April 1972.

6.  On 13 April 1972, the applicant was honorably released from active duty in the rank of specialist four after completing 1 year, 1 month, and 27 days of active military service.  The DD Form 214 he was issued does not include the CIB among the awards listed in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on badges and tabs of U.S. origin.  Paragraph 8-6 contains guidance on the CIB criteria and requires that the member was an infantryman satisfactorily performing infantry duties; that he was assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and that he was present with his qualifying infantry unit and actively participated in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.

8.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the CIB for service in Vietnam.  The regulation authorized award of the CIB to radio operators whose primary duty was to accompany infantry or infantry-type units on tactical operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends that he should be awarded the CIB.

2.  Regulations in effect at the time authorized award of the CIB to Signal Corps Soldiers who held MOS 05B provided their primary duty was to accompany infantry or infantry-type units on tactical operations.  Unfortunately, the applicant's records do not show that he served in this duty.

3.  The applicant's record is void of any orders or other documents indicating that the applicant was ever recommended for or awarded the CIB by proper authority while serving on active duty, and the CIB is not included in the list of awards contained on his DA Form 20 or DD Form 214.  

4.  The applicant states that his award of the BSM substantiates his entitlement to the CIB.  However, award of the BSM is not the sole criterion for awarding the CIB.  Absent any evidence of record or independent evidence provided by the applicant confirming he served as a radio operator in MOS 05B with a qualifying unit while actively engaged in combat, the regulatory burden of proof necessary to support award CIB has not been satisfied in this case.

5.  In view of the above, the applicants 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)                                         AR20100015814



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ABCMR Record of Proceedings (cont)                                         AR20100015814



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