IN THE CASE OF:	  

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20110001419 


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 Parachutist Badge and Combat Infantryman Badge (CIB).  

2.  The applicant states he earned the CIB his first day in the Republic of Vietnam (RVN) on 3 April 1971, when as a member of Company D, 4th Battalion, 503rd Infantry Regiment, he was sent into a hot landing zone (LZ) to replace wounded members of the unit who had been ambushed.  He further states throughout April and May he, with his unit, was in steady contact with enemy forces of the Vietnamese Regular Army.  He states he is confident that these facts will be found to be true and accurate, and he requests his application be expedited.  

3.  The applicant provides the following documents in support of his application:

* Self-Authored Statement
* DA Form 20 (Enlisted Qualification Record)
* Marksmanship Badge Orders
* U.S. Army Reserve Discharge Orders

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 was inducted into the Army of the United States on 11 August 1970.  It further shows he completed infantry advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 17 December 1970, and completed the basic airborne course and received the Special Qualification Identifier (SQI) P (Parachutist) on 2 February 1971. 

3.   The applicant’s DA Form 20 shows he was promoted to the rank of specialist four/E-4 on 16 May 1971 and that this is the highest rank he attained while serving on active duty.  It also shows he was reduced to the rank of private first class/E-3 for cause on 12 November 1971.   

4.  Item 31 (Foreign Service) of the applicant’s DA Form 20 shows he served in the Republic of Vietnam (RVN) from 13 March to 17 August 1971.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company D, 4th Battalion (Airborne), 503rd Infantry Regiment, performing duties in MOS 11B1P as a rifleman.  Item 41 (Awards and Decorations) shows the Parachutist Badge entry was lined out. 

5.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any orders awarding the CIB or of any other documents confirming his personal presence and participation in active ground combat with his unit in the RVN.  The MPRJ does include a packet containing the applicant’s request to terminate jump status.  In this request, he acknowledges his understanding that his voluntary termination would result in the revocation of his P SQI and of his Parachutist Badge.  The packet also contains the approval of this request by proper authority.  



6.  On 14 February 1972, the applicant was honorably released from active duty, in the rank of PFC/E-3, after completing 1 year, 6 months, and 4 days of active military service.  The DD Form 214 he was issued at the time does not include the CIB and Parachutist Badge in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  Item 24 does show he earned the following awards during his active duty tenure:

* National Defense Service Medal
* Vietnam Service Medal with 1 bronze service star
* 1 Overseas Service Bar

7.  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 request to add the CIB and Parachutist Badge to his record and DD Form 214 has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The applicant’s record contains his voluntary request to terminate jump status which included his acknowledgement this would result in the revocation of his P SQI and of his Parachutist Badge, and the approval of this request by proper authority.  His DA Form 20 confirms the Parachutist Badge was in fact revoked with the line out of the Parachutist Badge entry in item 41.  Therefore, it would not be appropriate to add this revoked badge to his DD Form 214.   

3.  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.  



4.  Although the applicant’s record shows he was assigned to a qualifying infantry unit and served in MOS 11B as a rifleman for his short period in the RVN, it is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB, or that confirms his personal presence and participation with his unit while it was actively engaged in ground combat with enemy forces.  

5.  Absent any evidence of record or independent evidence provided by the applicant to corroborate his claim of personal participation in active ground combat with enemy forces in the RVN, 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 in this case. 

6.  The applicant and all others concerned should know that this action related to award of the CIB 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.  

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)                                         AR20110001419



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001419



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1