BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100030214
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 promised the CIB by his commanding officer but he was sent back to the states before his second combat tour of duty was up. He has made several attempts to get the award over the years. He has earned it and he would like it before he dies. He was given a verbal promise during a time of combat and much stress clearing land mines.
3. He provides an application he submitted to the Army Board for Correction of Military Records (ABCMR), dated 9 November 1997, and correspondence from the ABCMR returning his application without action.
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 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 4 November 1968 for training in Army Career Group 12 (Combat Engineering). He was honorably released from active duty on 3 November 1971 after completing 3 years of total active service.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 22 (Military Occupational Specialties (MOS)) primary MOS 12A (Pioneer) and 12B (Combat Engineer). It also shows secondary MOS 12E (Atomic Demolition Munitions Specialist) and 62B (Construction Equipment Repairer)
* item 31 (Foreign Service) service in Vietnam from 2 June 1969 through
24 November 1970
* item 38 (Record of Assignments) he served in duty MOS 12A and 12B during his service in Vietnam
* item 38 with the exception of assignments to training units, he served in engineer battalions throughout his service
4. The record is void of documentation showing he held an infantry MOS.
5. The record is void of documentation showing he was awarded the CIB or promised award of the CIB.
6. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the applicant the CIB.
7. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not hold an infantry MOS at any time during his Army service, nor was he assigned to an infantry unit of brigade, regimental or smaller size. Regardless of what his commanding officer may have told him, he was not eligible for award of the CIB.
2. In view of the foregoing, there is no basis for granting the relief he requests.
3. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. He 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 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) AR20100030214
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ABCMR Record of Proceedings (cont) AR20100030214
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