IN THE CASE OF:	  

		BOARD DATE:	    1 September 2011

		DOCKET NUMBER:  AR20110000837 


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 served in Vietnam where he saw other Soldiers killed
* he underwent hostile fire and because of one of the attacks, he is being treated for post traumatic stress disorder
* because the enemy were in the area, he was sent back to his base camp in an ambulance
* he went to the field and his mission was to instruct handlers of highly classified information on how to properly handle the material
* he believes he deserves the CIB because of all of the attacks

3.  The applicant provides:

* a self-authored letter addressed to General Casey
* a letter from the National Personnel Record Center (NPRC), dated
24 March 2011
* page 2 of an online description of action meriting a CIB

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 28 May 1965 for a period of
4 years.  He completed training and he was awarded military occupational specialty (MOS) 72B (communications center specialist).  He arrived in Vietnam on 8 November 1965 and he was assigned to Headquarters and Headquarters Company, 3rd Radio Research Unit.  On 1 June 1966, he was reassigned to the 18th Radio Research Company, 509th Radio Research Group.  On 7 June 1967, he departed Vietnam en route to his next assignment in the United States.

3.  The applicant was honorably released from active duty on 7 March 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time does not show the CIB.

4.  In response to the applicant's request for information, the NPRC notified him that they authorized the shipment of the following awards based on the documents he provided and/or official documents, if available:

* Army Good Conduct Medal
* Meritorious Unit Commendation
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Ribbon with Device (1960)

5.  He also submits an online description of action meriting award of a Combat Infantryman Badge which states:

The recipient of the CIB must be present during an engagement where the enemy is firing upon an Army unit of brigade strength or smaller.  Since 
September 18, 2001, improvised explosive devices and similar explosives are considered to put a Soldier in the line of direct fire.
6.  Army Regulation 600-8-22 (Military Awards) states the CIB was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the CIB, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall 
war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  From the beginning, Army leadership has taken care to retain the badge for the unique purpose for which it was established.  The War Department received requests to award the CIB to non-infantry individuals and units employed as infantry during tactical emergencies.  All of those requests were disapproved based on the fact that the regular infantryman lived, slept, ate, and fought as an infantryman on a continuous and indefinite basis without regard to the tactical situation. 

7.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant does not meet the criteria contained in Army Regulation
600-8-22 for award of the Combat Infantryman Badge.

2.  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 CIB.

3.  Although he may have encountered the enemy while in Vietnam, his record shows he was awarded a communications center specialist MOS and he was assigned to a Radio Research Unit or Group.  He was never awarded an infantry MOS or assigned to an infantry unit during his service in Vietnam.  Therefore, he does not meet all the prerequisites for 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)                                         AR20110000837



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ABCMR Record of Proceedings (cont)                                         AR20110000837



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