IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100021445 


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, in effect, award of the Combat Infantryman Badge (CIB). 

2.  He states the CIB was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He has been unable to access his records for his service in Vietnam, which includes his duties and duty military occupational specialty (MOS).

3.  He also states that prior to departing for Vietnam he was awarded MOS 63C (Track Vehicle Mechanic) and performed duties as a light and heavy tracked and wheeled vehicle driver.  His unit in Vietnam did not require either MOS, but needed scouts for the reconnaissance platoon.  The unit promised a couple of the replacements (including the applicant) the CIB if they volunteered to serve in the reconnaissance platoon.

4.  He contends he saw combat action in the Central Highlands and the Idrang Valley.  Until recently, he had too much anger and resentment to pursue this award; however, he is in treatment and sees things much differently now.  He participates in activities such as veterans outreach and assistance to homeless veterans programs.     

5.  He did not provide any additional documentation.  



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.  He enlisted in the Regular Army on 5 May 1964 for a period of 3 years.  

3.  His DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  Item 22 (MOS):

TYPE
CODE
TITLE
DATE

Primary (P) MOS
63C
Track Vehicle Mechanic 
9 November 1964
P MOS
64B20
Heavy Vehicle Driver
13 April 1968
   
   b.  Item 31 (Foreign Service):
   
FROM
THROUGH
OVERSEA COMMAND

17 November 1964
25 August 1966
U.S. Army Europe - Germany
24 November 1966
27 April 1967
U.S. Army Pacific Command - Vietnam
   
   c.  Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 69th Armor Regiment, 4th Infantry Division in MOS 63C as a Track Vehicle Mechanic while serving in Vietnam.
   
   d.  Item 41 (Awards and Decorations) does not show he was awarded the CIB.  

4.  His DD Form 214 shows he was honorably released from active duty on 
28 April 1967 and reassigned to the U.S. Army Reserve Control Group (Reinforcement) for the completion of his Reserve service obligation.  He completed a total of 2 years, 11 months, and 24 days of active service.  Item 23a (Specialty Number and Title) shows the MOS 63C2O (Track Vehicle Mechanic).

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons) of his DD Form 214 does not show award of the CIB.

6.  There is no evidence in the available record and he has not provided any to show he held an infantry MOS at any time during his military career.  

7.  A review of and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding him the CIB.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 (USARV) Regulation 672-1 states 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.

DISCUSSION AND CONCLUSIONS:

1.  His record is void of any evidence to show he held an infantry MOS or served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  He was assigned to an armor unit.

2.  The evidence of record is also void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving in Vietnam.  Therefore, there is insufficient basis for 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 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)                                         AR20100021445





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ABCMR Record of Proceedings (cont)                                         AR20100021445



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