IN THE CASE OF:	  

		BOARD DATE:	    1 September 2011

		DOCKET NUMBER:  AR20110006093 


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 reflect award of Combat Infantryman Badge.

2.  The applicant states, in effects, he needs Department of Veterans Affairs (VA) Benefits.

3.  The applicant provides a copy of his:

* DD Form 214 
* an extract of his application for VA benefits
* Newspaper article

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 4 May 1967. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 10 October 1967 to 6 October 1968.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company C, 2d Battalion, 27th Infantry, performing duties in MOS 11C (Gunner).

5.  The CIB is not included in the list of earned awards contained in item 41 (Awards and Decorations) of his DA Form 20 and 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 during his active duty tenure.

6.  There is no evidence in the available record which shows the applicant was directly involved in ground combat.

7.  On 2 May 1969, the applicant was honorably released from active duty after completing 1 year, 11 months, and 29 days of total active service.  The DD Form 214 he was issued does not include the CIB in the list of awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized).

8.  The applicant provided a photo copy of a newspaper article which details numerous units involved in combat in Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry 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 Regulation 672-1 (Awards and Decorations) 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.  Although the applicant provided a newspaper article describing combat action, there is no evidence in the available in the official military record showing he participated in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

2.  His record is void of any evidence and he has not provided any evidence showing he was awarded or recommended for award of the Combat Infantryman Badge.  

3.  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 participated with a qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

4.  The applicant's record is void of any evidence and he has failed to provide evidence that fulfills this requirement.  Accordingly, he is not entitled to award of the Combat Infantryman Badge.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

6.  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)                                         AR20110006093



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110006093



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1