BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100027419 


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 earned the CIB in the Republic of Vietnam (RVN). 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.  He also indicated he is providing a Standard Form 180 (Request Pertaining to Military Records), but this document was not with the application that arrived for Board review.

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 record shows he enlisted in the Regular Army on 1 October 1968 and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The record also shows specialist four/E-4 is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 16 June 1970 through 7 May 1971.  Item 38 (Record of Assignments) shows he was assigned to Company B, 6th Battalion, 31st Infantry Regiment, performing duties in MOS 11B as an automatic rifleman from 7 July 1970 through 17 September 1970, at which time he was reassigned to the 101st Airborne Division.  He was initially assigned to Company A, 3rd Battalion, 187th Infantry Regiment (Airmobile), as a grenadier on 17 September 1970, but he was reassigned to Headquarters and Headquarters Company of the same unit on 20 September 1970 and performed duties as a driver for the remainder of his RVN tour.

4.  The CIB is not included in the list of earned awards contained in item 41 (Awards and Decorations) of his DA Form 20 and the applicant's Military Personnel Records Jacket (MPRJ) is void of orders or any other documents that indicate he was ever recommended for or awarded the CIB during his active duty tenure.  There are no documents confirming his personal participation in ground combat with enemy forces during the period he served in the RVN.

5.  On 7 May 1971, the applicant was honorably released from active duty after completing a total of 2 years, 2 months, and 7 days of active military service.  The DD Form 214 he was issued does not include the CIB in the list of earned awards listed in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized).  Item 24 does shows he earned the following awards:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on combat and special skill badges.  Paragraph 8-6 contains guidance on award of the CIB.  It states that in order to support award of the CIB there must be evidence the member held and served in an infantry MOS; that he served in an infantry unit of brigade, regimental, or smaller size; and that he was present with and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Service in a combat area and campaign participation credit alone do not support award of the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully considered.  However, by regulation, in order to qualify for award of the CIB there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

2.  The evidence of record is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the CIB while serving on active duty.  The CIB is not included in item 41 of his DA Form 20 or in the list of awards contained on the applicant's DD Form 214.  Absent evidence to the contrary, these records and documents carry with them a presumption of government regularity.

3.  Further, item 38 of the applicant's DA Form 20 confirms he was assigned to a headquarters element performing duties as a driver for the majority of his RVN tour of duty.  Absent any evidence confirming his personal participation in active ground combat with his qualifying infantry unit as an infantryman, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  Therefore, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to support award of the CIB at this late date.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant failed to submit evidence that would satisfy this requirement in regard to award of the CIB.

5.   The applicant and all others concerned should know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



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 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)                                         AR20100027419



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ABCMR Record of Proceedings (cont)                                         AR20100027419



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