IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100023930
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states that during his tour in the Republic of Vietnam (RVN), he occupied landing zones and came under the same fire as the infantryman involved in the same actions.
3. The applicant provides no documentary evidence 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 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. The applicant enlisted in the Regular Army on 7 June 1967 for a period of
3 years. He was trained in and awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 11 December 1967 to 9 December 1968.
4. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the RVN he served with Headquarters and Headquarters Company (HHC), 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division, performing duties in MOS 63B as a wheel vehicle mechanic.
5. On 27 June 1970, the applicant was honorably released from active duty as an overseas returnee after completing 2 years, 11 months, and 21 days of total active service. 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
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* two Overseas Service Bars
6. The record contains no documents or orders indicating the applicant was awarded the CIB by proper authority while serving on active duty. It is also void of any indication that he ever served in an infantry MOS in the RVN.
7. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Chapter 8 contains guidance on award of badges and tabs of United States origin. Paragraph 8-6 contains guidance on award of the CIB. It states the three basic requirements for the CIB are as follows:
a. be an infantryman satisfactorily performing infantry duties;
b. be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and
c. actively participate in such ground combat.
8. Army Regulation 600-8-22, paragraph 8-6, further stipulates that combat service alone does not qualify a member for the CIB.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be awarded the CIB based on his combat service in the RVN has been carefully considered. However, by regulation in order to qualify for the CIB a member must be an infantryman (by MOS) satisfactorily performing duties in an infantry unit while participating in active ground combat with his unit.
2. The record fails to show the applicant ever held or served in an infantry MOS while in the RVN. The entries in item 38 of his DA Form 20 confirm he performed duties in MOS 63B as a wheel vehicle mechanic during his RVN tour. As such, the regulatory criteria necessary to award the CIB has not been met. Therefore, there is an insufficient evidentiary basis to support granting the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100023930
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ABCMR Record of Proceedings (cont) AR20100023930
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