BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110011082 


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 he served in Vietnam with Headquarters and Headquarters Company (HHC), 1st Battalion, 28th Infantry.  He participated in ambush patrols, guard duty, and ammunition convoys.  He has post traumatic stress disorder (PTSD).

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a Department of Veterans Affairs (DVA) Progress Notes, dated
21 October 2010

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 30 June 1965.  Following basic combat training (BCT) at Fort Jackson, SC, he was transferred to Fort Sill, OK to attend the Service School Personnel Support Course.

3.  It is unclear whether he completed training at Fort Sill; however he was reassigned to the U.S. Army Missile Officer Candidate School at Fort Sill as a message center clerk.

4.  The applicant arrived in Vietnam on 16 April 1966 and he was assigned to HHC, 1st Battalion, 28th Infantry.  While assigned to this unit he performed in the principal duty as a light vehicle driver in military occupational specialty (MOS) 64A and as a heavy truck driver in MOS 64B.  During his service in Vietnam, he received the Army Commendation Medal (ARCOM) for meritorious achievement.

5.  The applicant departed Vietnam on 8 April 1967 and he was reassigned to Fort Dix, NJ for separation processing.  He was honorably released from active duty on 14 April 1967 and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the CIB as an authorized award.

6.  There are no orders in the applicant's records awarding him 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 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 (USARV) Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

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, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that 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 was never trained as a combat infantryman and never held an infantry MOS.  The record shows he worked as a message center clerk, a light vehicle driver, and a heavy truck driver.

2.  There are no orders awarding the applicant the CIB.

3.  All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the CIB.

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

5.  The Board wants the applicant and all others concerned should know that this action 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)                                         AR20110011082



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ABCMR Record of Proceedings (cont)                                         AR20110011082



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