BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110003096
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).
2. He states that as he was getting out of the service he was awarded the CIB. He just noticed that it is not shown on his DD Form 214. He would like his award because it was awarded to him and he deserves it. He was injured when he was awarded the CIB and all he could think about was going home. He was young and it should not be held against him.
3. He provides:
* the last page of a Standard Form (SF) 88 (Report of Medical Examination), dated 17 November 1971
* his DD Form 214
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 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 was inducted into the Army of the United States on13 February 1970. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He served in Vietnam from
18 November 1970 to 13 November 1971. He was assigned to the
223rd Combat Aviation Battalion.
3. He provided a copy of the last page of his SF 88, dated 17 November 1971, which shows the entry, "Injured right knee in September 1971, mild pain now, may need VAH (Veterans Administration Hospital) evaluation."
4. He was honorably released from active duty on 17 November 1971 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the CIB. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.
6. There is no evidence in his records that shows he participated in active ground combat during his period of service in Vietnam. There are no orders in his records awarding him the CIB.
7. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the CIB pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
9. U.S. Army Vietnam Regulation 672-1 (Awards) governed award of the CIB to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is 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."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record fails to show the applicant was awarded the CIB. Although the evidence shows he was assigned for duties in his infantry MOS in Vietnam, he was assigned to the Headquarters and Headquarters Company of a Combat Aviation Battalion, not an infantry unit as required. There is also no evidence he was personally present and participated in active ground combat while assigned or attached to a qualifying infantry unit.
2. The CIB is not automatically awarded to a Soldier for being shot at or for undergoing the hazards of day-to-day combat. Therefore, lacking sufficient evidence as required by the governing regulation he is not entitled to the CIB and its addition to his DD Form 214.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20110003096
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ABCMR Record of Proceedings (cont) AR20110003096
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