IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110012590 


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, he was assigned to the 25th Infantry and has shown achievement and dedication.

3.  The applicant provides:

* self- authored statement
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214
* an excerpt about the 25th Infantry Division
* a letter from the Awards and Decoration Branch
* two military photographs

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 14 July 1972.  He completed training and was awarded military occupational specialty (MOS) 26L (Tactical Microwave Systems Operator and Repairer).  The highest rank/pay grade he attained while serving on active duty was private first class /E-3.

3.  His DA Form 20 contains the following pertinent information:

     a.  Item 31 (Foreign Service) shows he served in FEPA-Hawaii during the period 13 May 1973 through 5 September1973.  He was assigned to Battery C, 1st Battalion, 62nd Air Defense Artillery, 25th Infantry Division.

	b.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the CIB.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal (NDSM).  Item 26 does not show award of the CIB.

5.  There is no evidence in the available record that shows the applicant was personally present and participated with a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.

6.  There is no evidence in the available record which shows the applicant was either recommended for or awarded the CIB.

7.  Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat and actively participating in such ground combat.  Specific requirements state that an Army Soldier must have an infantry or special forces specialty/MOS and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy to close with and destroy the enemy with direct fires.
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 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 request that his records be corrected to reflect entitlement to the CIB was carefully considered and determined to lack merit.  

2.  There is no evidence showing he was ever awarded or recommended for award of the CIB.  By regulation, in order to support award of the CIB, 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 the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  The applicant's record is void of any evidence he was awarded or recommended for the CIB and he failed to provide evidence that fulfills this requirement.  Based on the foregoing, there is insufficient evidence for award of the CIB.

3.  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 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)                                         AR20110002802



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ABCMR Record of Proceedings (cont)                                         AR20110012590



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