IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100018778 


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 records to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was awarded the CIB based on his infantry service in the Republic of Vietnam (RVN).

3.  The applicant provides a self-authored statement and an 11B (Infantry) Course attendance memorandum in support of his application.

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 28 July 1969 and was trained in and awarded military occupational specialty (MOS) 05B (Radio Operator).  It further shows he was awarded secondary MOS 11B (Light Weapons Infantryman) on 22 December 1970.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 22 September 1970 through 21 September 1971.  Item 38 (Record of Assignments) shows that during his RVN tour of duty he was assigned to the following units performing the duties identified for the periods indicated:

	a.  Headquarters and Headquarters Company (HHC), 503rd Infantry Regiment, 173rd Airborne Brigade, performing duties in MOS 05B as a switchboard operator between 17 November 1970 and 7 January 1971;

	b.  Company E, 3rd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, performing duties in MOS 11B as a scout observer between 8 January 1971 and 17 March 1971;

	c.  HHC, 503rd Infantry Regiment, 173rd Airborne Brigade, performing duties in MOS 11B as a scout observer between 18 March 1971 and 21 May 1971.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not include the CIB in the earned awards listed.  The applicant last audited this record on 13 December 1971.  His record is also void of any documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.

5.  On 1 February 1972, the applicant was honorably released from active duty in the rank of specialist four/E-4 after completing 2 years, 6 months, and 3 days of active military service.  The DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)

6.  The applicant provides a memorandum that shows he was scheduled to attend the 13 December 1970 11B Course at the Brigade Jungle School, Cha Rang, RVN.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 8-2 provides guidance on award of the CIB.  It states in order to qualify for the CIB a member must hold an infantry MOS; serve in an infantry unit of brigade, regimental, or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Combat service and campaign participation alone does not satisfy this requirement.

8.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided  theater policy for awards.  Appendix 3 to annex A listed positions eligible for the CIB in paragraph 3b.  Scout observer and radio telephone operator not assigned the primary duty of accompanying infantry units on tactical operations were not included in this list.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show he was awarded the CIB based on his infantry service in the RVN has been carefully considered.  However, by regulation, in order to receive the CIB a member must not only be performing infantry duties in a qualifying infantry unit of brigade or smaller size, there must be evidence that he was present with his qualifying unit and participated while it was engaged in active ground combat with enemy forces.

2.  The evidence shows the applicant served in an infantry MOS in a qualifying infantry unit for a short period; however, it also shows he served as a scout observer and switchboard operator, neither of which is listed as a position authorizing award of the CIB in the RVN.

3.  Further, there is no evidence the applicant was present and participated with his qualifying infantry unit while performing infantry duties while the unit was engaged in active ground combat with enemy forces.  As a result, the regulatory criteria necessary to support award of the CIB has not been satisfied in this case.  Therefore, in the absence of official orders awarding him the CIB, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to correct his record to show 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 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)                                         AR20100018778



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ABCMR Record of Proceedings (cont)                                         AR20100018778



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