IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017262


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 awarded the CIB at Dau Tieng base camp in the Republic of Vietnam (RVN) on or about 15 December 1968, after engaging Vietcong forces in an ambush.  He further states he engaged in active combat on many occasions as a Rifle Platoon Leader and as the Executive Officer of the brigade headquarters.    

3.  The applicant provides:

* DD Form 214 
* Extract of item 18 of his DA Form 66 (Officer Qualification Record)
* Rating decision from the Department of Veterans Affairs (VA)
* Internet article from the Tropic Lightning News, 25th Infantry Division
* Undated photograph of a group of Soldiers wearing Vietnam-era combat fatigues

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 for 3 years on 30 December 1966.  He attended and successfully completed the Officer Candidate Course at Fort Benning, GA.  On 19 November 1967, he was honorably discharged for the purpose of accepting a commission as an officer in the United States Army Reserve (USAR).  On 20 November 1967, he was commissioned as a second lieutenant/O-1 and was awarded specialty 1542 (Infantry Unit Commander).

3.  His DA Form 66 shows he served in RVN from 14 November 1968 to           26 October 1969.  While in RVN he was assigned to:

* Company A, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division from 14 November 1968 to 10 February 1969 as a Rifle Platoon Leader
* Headquarters and Headquarters Company, 3rd Infantry Brigade, 25th Infantry Division from 11 February 1969 to 26 October 1969 as an Executive Officer

4.  He was honorably released from active duty on 30 October 1969 and was transferred to the USAR Control Group to complete his remaining service obligation.  He completed 2 years, 10 months, and 1 day of active service during this period, including 11 months and 25 days of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and 2 overseas bars.

6.  There are no official orders in the applicant's records awarding him the Combat Infantryman Badge.

7.  He provides:

	a.  VA rating decision, dated 27 August 2007, in which the VA addressed his claim for post-traumatic stress disorder by verifying, through the Vietnam Order of Battle, his unit's participation in combat operations during the time of his assignment in RVN.
	b.  An internet article from the Tropic Lightning News, 25th Infantry Division, dated 10 March 1969, which details his unit's combat operations during the Dau Tieng siege in February-March 1969.

8.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  The War Department received requests to award the Combat Infantryman Badge to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation. 
	
9.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed the award of the CIB for Army forces operating in South Vietnam.  This regulation stated the criteria for award of the CIB, identified the men who trained, lived, and fought as infantrymen, and identified the CIB as a unique award established to recognize the infantryman for his service.  It further stipulated the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat.  This regulation also stated the CIB 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the CIB has been carefully considered; however, there is insufficient evidence to support this request.  

2.  His infantry MOS and assignment to an infantry unit are not in question; however, there is no evidence in the available records, and the submitted evidence is insufficient, to show his participation in active ground combat while assigned to an infantry unit.

3.  Additionally, Army Regulations in effect at the time stipulated the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat.  A single incidence of combat was insufficient to warrant favorable consideration.   

4.  Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he participated in active ground combat, there is insufficient evidence upon which to award him the Combat Infantryman Badge.

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 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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20100017262



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