IN THE CASE OF:	  

		BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20110005244 


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 the award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was awarded the CIB and this award was omitted from his DD Form 214.  He received the CIB shortly after arriving in Vietnam.  He states he had a copy of the order in hand; however, it was lost as his unit was constantly moving.

3.  The applicant provides a copy of his DD Form 214 and two supporting statements.

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 was inducted into the Army of the United States on
12 September 1966.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in Vietnam from 5 March 1967 through 4 March 1968.

	b.  Item 38 (Record of Assignments) he was assigned to Company C,
2nd Battalion, 199th Infantry Brigade, Vietnam, from 16 March 1967 to 4 March 1968, performing duties in MOS 11B as a light weapons infantryman and grenadier.

	c.  Item 41 (Awards and Decorations) no entry for the CIB.

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of orders or any other documents that indicate he was ever recommended for or awarded the CIB based on his active duty service in Vietnam.

5.  The applicant provides two supporting statements from former comrades attesting the applicant was assigned with them during their service in Vietnam and that they participated in ambushes, day and night patrols, and firefights with the Viet Cong on many occasions.

6.  On 11 June 1968, the applicant was honorably released from active duty to enter or return to college, university, or equivalent institutions.  He completed 1 year and 9 months of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the CIB.

7.  Army Regulation 600-8-22 (Military Awards) states the CIB 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.  

8.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam.  This regulation 


stated that criteria for award of the CIB identified the man who trained, lived, and 
fought as an infantryman and that the CIB was 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."  This regulation also stated the CIB was authorized for award to infantry officers, enlisted personnel, and to warrant officers who had an infantry specialty/
MOS.  In addition to having an eligible MOS, 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's record is void of any evidence and he has not provided any evidence showing he was ever recommended for or awarded the Combat Infantryman Badge.  By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry MOS in an infantry unit, but also that he was personally present and under fire with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.

2.  The applicant's record is void of any evidence that fulfills this requirement.  Although he provided two statements from former comrades, these statements alone are insufficient evidence to show he was awarded or should be awarded the Combat Infantryman Badge.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

4.  The applicant and all others concerned should know this action in no way diminishes the sacrifices made by him 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)                                         AR20110005244



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110005244



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1