BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110012622 


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 should be considered for the CIB:

* for serving in Vietnam during the period 15 October 1970 through 
11 February 1971
* it was never awarded nor recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

3.  The applicant provides the following documents in support of his application:

* Vietnam Combat Certificate
* copy of his DD Form 214
* two pages from the Vietnam campaigns website
* two pages from the Global Security website
* two pages from the 12th Cavalry Memory Vietnam website

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 25 May 1970.  He completed the required training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The highest rank/grade he attained while serving on active duty was private first class (PFC)/E-3.

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

	a.  Item 31 (Foreign Service) he served in Vietnam from 15 October 1970 through 11 February 1971.

	b.  Item 38 (Record of Assignments) he was assigned to Company B,
1st Battalion, 12th Cavalry, performing duties in MOS 11B as a light weapons infantryman throughout his service in Vietnam.

	c.  Item 41 (Awards and Decorations) does not show an entry for the CIB.

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

6.  The applicant provides his Vietnam Combat Certificate and documents from three different websites attesting that he was assigned to Company B, 1st Battalion, 12th Cavalry during his service in Vietnam.

7.  On 12 February 1971, the applicant was honorably discharged due to hardship.  He completed 8 months and 17 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized) of the DD Form 214 he was issued at the time does not list the CIB.

8.  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 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.

9.  U.S. Army Vietnam Regulation 672-1 also 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's contention that he should be awarded the Combat Infantryman Badge for his Vietnam service was carefully considered.

2.  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 the qualifying infantry unit while it was engaged in active ground combat with enemy forces.

3.  In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

4.  The applicant's record is void of any evidence that fulfills the above requirements.  Although he provided his Vietnam Combat Certificate and documents from three different websites, these documents alone are insufficient evidence to show he should be awarded the Combat Infantryman Badge.

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

6.  The applicant and all others concerned should know this action in no way diminishes the sacrifices he made 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)                                         AR20110012622



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ABCMR Record of Proceedings (cont)                                         AR20110012622



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