IN THE CASE OF:	

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100027109 


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 he was not issued a CIB for his service in the Republic of Vietnam.  He states he was issued an M-16 and he used it.  He states he also fired a .50-caliber machine gun against the enemy, mainly on 26 December 1969.  He concludes by stating, in effect, awarding him the CIB is the right thing to do for him and his family.

3.  The applicant provides these documents in support of his application:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 8 February 1971
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 25 February 1998
* Letter from the commanding officer of the 69th Signal Battalion, undated

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 was inducted into the Army of the United States on 8 May 1969.  He completed his initial entry training and was awarded military occupational specialty (MOS) 72C (Switchboard Operator).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 21 October 1969 to 20 October 1970 with the 593rd Signal Company, 69th Signal Battalion and then with Company A, 125th Signal Battalion, 25th Infantry Division.  His principal duty title and MOS while assigned to these two units was telephone switchboard operator in MOS 72C.

4.  There are no permanent orders in his personnel service record awarding him an infantry MOS or showing he was assigned to an infantry unit.

5.  On 8 February 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his military service obligation.  Item 12c (Foreign and/or Sea Service) of his DD Form 214 shows 1 year of foreign service.

6.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

7.  A correction to his DD Form 214 was issued on 25 February 1998 and shows these awards were corrected or added to item 24:

* Bronze Star Medal
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


8.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

1.  All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.

2.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the CIB, the criteria for this award has changed little over the years.

3.  The applicant was not awarded an infantry MOS nor was he assigned to an infantry unit or brigade or smaller size during active ground combat operations.  Therefore, there is insufficient evidence to support award of the Combat Infantryman Badge.  

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)                                         AR20100027109





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ABCMR Record of Proceedings (cont)                                         AR20100027109



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