BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100018955
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 that he be awarded the Combat Infantryman Badge (CIB).
2. He states, in effect, he made an inquiry to the Department of Veterans Affairs (VA) pertaining to award of the CIB. The VA responded by indicating he was not awarded the CIB. He would like to know why he was not awarded the CIB and he wants to know the requirements he must meet.
3. He contends he was engaged in combat and exchanged enemy fire while searching tunnels and villages during his tour in Vietnam from 1965 to 1966.
4. Although he refers to a letter from Major W_____, dated 23 November 1965, he did not provide any additional documentation in support of his request.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His record shows he enlisted in the Regular Army on 15 July 1963 for a period of 3 years. He was trained in and awarded military occupational specialty (MOS) 05B (Radio Operator).
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 22 August 1965 through
6 July 1966. He was assigned to Company C, 65th Engineer Battalion and performed duties as an Intelligence and Surveillance Radio Operator.
4. His record is void of evidence which shows he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size when he served in Vietnam.
5. His record is also void of any orders or other documents indicating that he was ever recommended for or awarded the CIB by proper authority while serving in the Vietnam.
6. The list of awards contained in Item 41 (Awards and Decorations) of his
DA Form 20 does not include the CIB.
7. On 7 July 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve service obligation. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed a total of 2 years, 11 months, and 23 days of active service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show he was awarded the CIB.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the CIB.
9. Army Regulation 600-8-22 (Military Awards) states the CIB 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 (USARV) Regulation 672-1 states that during the Vietnam era the CIB 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 (USARV) 672-1 (Awards and Decorations) also provided for award of the CIB. Appendix 3 to Annex A of this regulation listed positions which qualified for award of the CIB. The regulation authorized award of the CIB to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.
DISCUSSION AND CONCLUSIONS:
1. The CIB was generally awarded to infantry officers and to enlisted and warrant officer personnel who held an infantry MOS. They must also have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
2. USARV 672-1 made additional provisions for award of the CIB to personnel serving in MOS 05B as a Radio Operator. The applicant's record shows he was classified as a Radio Operator, MOS 05B; and he was assigned to an engineer battalion. There is no evidence to show he was assigned or attached to an infantry unit or infantry type unit while the unit engaged in active ground combat.
3. In view of the foregoing, he is not entitled to the requested relief.
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) AR20100018955
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ABCMR Record of Proceedings (cont) AR20100018955
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