IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100025250
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. He states he:
* was a combat photographer
* carried an M-16 rifle or M-79 grenade launcher, and a camera
* served with infantrymen in Vietnam during 1969 in military occupational specialty (MOS) 84B2O (still photographer)
3. He provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 14 August 1967.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* Item 22 (MOSs) he was awarded MOS 84B2O on 17 May 1968
* Item 38 (Record of Assignments) he was assigned to the 45th Public Information Detachment, 3rd Brigade, 82nd Airborne Division in Vietnam on 24 January 1969 as a combat photographer in duty MOS 84B2O; doesnt show he served as an infantryman or held an infantry MOS
* Item 41 (Awards and Decorations) doesnt list award of the CIB
4. His personnel records do not contain orders which show he was awarded the CIB.
5. He was released from active duty on 13 August 1970. His DD Form 214 does not show award of the CIB.
6. Army Regulation 600-8-22 (Military Awards) states 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 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. The evidence of record shows he served as a combat photographer in duty MOS 84B2O while assigned to the 45th Public Information Detachment, 3rd Brigade, 82nd Airborne Division during his tour in Vietnam.
2. To support award of the CIB, he is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat and he must have actively participated in such ground combat.
3. Therefore, he does not meet the requirements 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.
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