IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100029409
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 held military occupational specialty (MOS) 11B (Light Weapons Infantryman) which is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* item 23 (Specialty Number and Title) of his DD Form 214 shows his MOS as 62E2O (Construction Machine Operator) [Heavy Construction Equipment Operator], but that was during his first year in the Republic of Vietnam (RVN)
* his last 14 months were spent assigned to an infantry reconnaissance unit which should make him eligible for a CIB
* the orders for his Army Commendation Medals (ARCOM) state he was an 11B
3. He provides:
* self-authored statement
* general orders
* Internet article showing the U.S. Army description for 11B
* copies of photographs
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 records show he enlisted in the Regular Army on 15 May 1967. He completed training in MOS 62E.
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. item 22 (MOS) his primary MOS (PMOS) as 62E2O, Construction Machine Operator, awarded 15 September 1967;
b. item 27 (Military Education) he completed the Construction Machine Operator and Full Track Operator courses in 1967;
c. item 31 (Foreign Service) he served in the RVN from 5 October 1967 to 18 December 1969; and
d. Item 38 (Record of Assignments) he was assigned to Company B, 815th Engineer Battalion (Construction), from 11 October 1967 to 30 May 1969 in duty MOS 62E with duties as a loader operator and tractor operator and to Headquarters and Headquarters Company, 937th Engineer Group, from 31 May to 16 December 1969 in duty MOS 11B as a reconnaissance Soldier and in duty MOS 17K (Ground Surveillance Radar Crewman) as a squad leader.
4. Special Orders Number 200 issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood, dated 19 July 1967, show he was assigned to Company A, 1st Battalion, for advanced individual training in MOS 62E2O.
5. Special Orders Number 244 issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood, dated 1 September 1967, show he was assigned to U.S. Army Vietnam and further assigned to the 18th Engineer Brigade in PMOS 62E2O.
6. He submitted:
a. General Orders Number 1065 issued by Headquarters, 18th Engineer Brigade, dated 26 November 1969, that show he was awarded the ARCOM;
b. General Orders Number 1077 issued by Headquarters, 18th Engineer Brigade, dated 4 December 1969, that show he was awarded the ARCOM with 1st Oak Leaf Cluster;
c. Special Orders Number 352 issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, dated 18 December 1969, that show MOS 11B4O in the standard name line;
d. an Internet article showing the U.S. Army description for 11B; and
e. five photographs of Soldiers in the jungle.
7. He was honorably released from active duty on 18 December 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement).
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the CIB.
9. There are no orders in the available records that show he was awarded the CIB. His records do not show any evidence he engaged in active ground combat while he was in the RVN.
10. Army Regulation 600-8-22 (Military Awards) provides that 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 Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
While the available evidence shows the applicant performed 11B reconnaissance duties in an infantry MOS in an engineer unit, it does not show that he was awarded an infantry MOS or served in an infantry unit and that he engaged in active ground combat while serving with an infantry unit. Therefore, he is not entitled to 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 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) AR20100029409
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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