IN THE CASE OF:	  

		BOARD DATE:	    19 May 2011

		DOCKET NUMBER:  AR20100027799 


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 did not receive the CIB
* He believes he was overlooked because he was a combat engineer without the "S" designator
* A letter from a former team mate places him in combat
* The former team mate was a radio operator who received the CIB and he did not have the "S" designator 

3.  The applicant provides:

* A statement from a fellow Soldier, dated 19 October 2010
* CIB orders for the fellow Soldier
* His DD Form 214 (Report of Transfer or Discharge)
* 2 pages of his DA Form 20 (Enlisted Qualification Record)
* A letter from his Member of Congress to this Board, dated 2 November 2010

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 enlisted in the Regular Army on 19 July 1966 for a period of
3 years.  He was awarded primary military occupational specialty (MOS) 81B (construction drafting) and later awarded secondary MOS 12F (combat engineer).  His DA Form 20 shows he served in MOS 81B in the principal duty of construction foreman while assigned to the 31st Engineer Detachment,
5th Special Forces Group (Airborne), 1st Special Forces in Vietnam from 5 July 1968 to 25 June 1969.  On 27 June 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the CIB.

4.  There are no orders for the CIB in the available records.

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the CIB.

6.  In support of his claim, he provided a statement from a fellow Soldier at the time in question.  He attests:

* he was a Special Forces communications specialist (radio operator) stationed in Vietnam in 1968/1969 assigned to Detachment A-255
* he met the applicant in October 1968 who was assigned to Detachment A-255 as a combat engineer and demolition specialist
* they were subject to frequent enemy attack
* the applicant's "alert" position in camp was a prime target for enemy fire

The fellow Soldier also provided a copy of his CIB orders, dated 20 March 1969, which show he was assigned to Company B, 5th Special Forces Group (Airborne), 1st Special Forces.


7.  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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

8.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated that the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was 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."  This regulation also stated the CIB was authorized for award to officers, enlisted personnel, and warrant officers who had an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

9.  U.S. Army Vietnam Regulation 672-1, Appendix 3 to Annex A, also listed advisor positions which qualified for award of the CIB.  The regulation authorized award of the CIB to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations. 

DISCUSSION AND CONCLUSIONS:

1.  The fellow Soldier's statement and his CIB orders were carefully considered.  However, his statement indicates the applicant was a combat engineer and demolition specialist attached to an engineer detachment in Vietnam, not an infantryman in an infantry unit.  Additionally, it appears the fellow Soldier received the CIB because he was a radio operator assigned to a company in an infantry-type unit.

2.  There are no orders for the CIB pertaining to the applicant.  Evidence of record shows the applicant served as a construction foreman assigned to an engineer detachment in Vietnam.  There is no evidence of record which shows he was an infantryman who served in active ground combat while assigned to an infantry unit of brigade or smaller size in Vietnam.  Regrettably, there is insufficient evidence in which to base award of the CIB in this case.


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)                                         AR20100027799



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ABCMR Record of Proceedings (cont)                                         AR20100027799



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