BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006689 


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, in effect, that he was a truck driver assigned to an infantry unit with 4th Infantry Division in the Republic of Vietnam (RVN).  He continues that one of the infantry units lost so many Soldiers that he was assigned to the unit and he served as an infantryman.  He states that he participated in a firefight against the enemy and he believes that he is entitled to the CIB.

3.  The applicant provides no additional documentation in support of this case.

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 30 October 1964 and successfully completed basic training and advanced individual training.  He was awarded MOS 64A (Light Truck Driver).  On 8 March 1967, he was honorably discharged for immediate reenlistment on 9 March 1967.

3.  He arrived in RVN and was assigned to Headquarters and Headquarters Company, 3rd Battalion, 8th Infantry, 4th Infantry Division on 18 May 1967 where he performed duties as a light vehicle driver MOS 63B.  On 29 April 1968, he was reassigned to the 170th Aviation Company where he performed duties as a door gunner, holding MOS 11B (Infantryman), then MOS 67A (Aircraft Maintenance Apprentice) as well as MOS 63B (Wheeled Vehicle Mechanic).  On 18 October 1968, he was reassigned to the 405th Transportation Detachment where he performed duties as a wheeled vehicle mechanic MOS 63B.  

4.  The applicant departed the RVN on or about 14 December 1968.  On 
26 February 1969, he was honorably discharged for immediate reenlistment on 27 February 1969.  On 24 May 1971, he was honorably retired after completing 
1 year, 11 months, and 18 days of creditable active service this period and was placed on the TDRL on 25 May 1971.

5.  His DD Form 214 for the ending period 24 May 1971 does not shows he was awarded the CIB.

6.  There are no orders in his service personnel records awarding him the CIB.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the Combat Infantryman Badge 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.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record that shows the applicant was awarded an infantry MOS and that he served in an infantryman position.  Evidence of record shows that he was assigned to an infantry unit and his principal duty while in Headquarters and Headquarters Company, 3rd Battalion, 8th Infantry, 4th Infantry Division was MOS 63B light vehicle driver.

2.  The three criteria for award of the CIB is to be assigned to an infantry unit, perform infantry duties, and hold an infantry specialty.  It is acknowledged that the he may have functioned as an infantryman in a firefight; however, the evidence of record shows that while he was to Headquarters and Headquarters Company, 3rd Battalion, 8th Infantry, 4th Infantry Division his primary specialty was 63B light vehicle driver which unfortunately makes him ineligible for award of the CIB.  The performance of infantry tasks is not solely the basis for the award of the CIB.  

3.  Military history contains many examples of non-infantry Soldiers temporarily performing basic infantry duties that all Soldiers are taught as part of their basic combat training.  

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)                                         AR20110006689





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ABCMR Record of Proceedings (cont)                                         AR20110006689



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