BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100023880 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB) and Air Medal (AM) (6th Award) and with "V" Device.

2.  He states he was awarded the CIB while serving in Vietnam with Company A, 1st Battalion, 2nd infantry, 1st Infantry Division, in 1967.  Unfortunately, he lost the paperwork.  His records clearly show his unit assignment as an infantryman in an infantry unit in combat.  He was subsequently reassigned to Troop D (Air) 1st Squadron, 4th Cavalry, 1st Infantry Division where he was awarded the
6th AM, the 6th and final one included the "V" Device for action during the Tet Counteroffensive 1968.  Neither the CIB nor the AM (6th Award) and with "V" Device are shown in his military personnel records or on his DD Form 214.

3.  He also states he does not know why these awards are not shown in his records unless this was due to the fact he was transferred from the infantry unit to the aviation unit during this process and then later awarded the AM (6th Award) after he left Vietnam.  A Veterans Service Officer pointed out that his    DD Form 214 did not reflect the CIB.  He then also realized the Air Medal
(6th Award) was also omitted.

4.  He provides:

* his DA Form 20 (Enlisted Qualification Record)
* his DD Form 214

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 military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The available evidence shows he was inducted into the Army of the United States on 30 August 1966 for 2 years.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 8 March 1967 through 5 March 1968.  Item 38 (Record of Assignments) shows he was assigned to:

* Company A, 1st Battalion, 2nd Infantry, 1st Infantry Division, from
16 March 1967 through 26 October 1967
* Troop D (Air), 1st Squadron, 4th Cavalry, 1st Infantry Division, from
27 October 1967 to 3 March 1968

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the following:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* AM with "1st to 4th OLC"
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Item 41 of his DA Form 20 does not show award of the CIB or the AM (6th Award, or 5th oak leaf cluster (OLC)) with "V" Device.

7.  He was honorably released from active duty at the expiration of his term of service on 29 August 1968 in pay grade E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

8.  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
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Second Class Gunner [Marksman Marksmanship Qualification Badge]
M-60
* Army Commendation Medal
* AM (1st - 5th OLC)

9.  There is no evidence in the available records that shows he participated in active ground combat during his period of service in Vietnam.  

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 or the AM (6th Award) and with "V" Device pertaining to the applicant.

11.  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.  

12.  U.S. Army Vietnam Regulation 672-1 (Awards) governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."

13.  Army Regulation 600-8-22 also states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The award is  primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties required them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record fails to show the applicant was awarded the CIB.  Although the evidence shows the applicant served in an infantry MOS and in an infantry unit in Vietnam, it does not confirm, and he has not sufficiently shown, that he was personally present and participated in active ground combat while assigned or attached to this infantry unit.

2.  The CIB is not automatically given to a Soldier for being shot at or for undergoing the hazards of day-to-day combat.  Therefore, lacking sufficient evidence as required by the governing regulation he is not entitled to the CIB.

3.  Although the applicant's DD Form 214 shows the AM (5th OLC), there is no evidence of record and he has provided none to show he was awarded the AM (6th Award) and with "V" Device.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the AM.  Therefore, there is insufficient evidence to support this portion of his request.

4.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20100023880



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ABCMR Record of Proceedings (cont)                                         AR20100023880



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