IN THE CASE OF:	  

		BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110013726 


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 spent 25 months in combat in the Republic of Vietnam (RVN) of which the first five months were served in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman) in the 504th Infantry Regiment.  

3.  The applicant provides his DA Form 20 (Enlisted Qualification Record) in support of his application.  

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’s record shows he enlisted in the Regular Army on
30 September 1966.  It further shows he initially completed infantry advanced individual training and was awarded MOS 11C, and was later reclassified into MOS 67U (Helicopter Repairer) on 10 March 1968.  

3.  Item 31 (Foreign Service) of the applicant’s DA Form 20 shows he served in the Republic of Vietnam (RVN) from 16 August 1967 through 13 July 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the following units for the periods and performing the duties indicated:

	a.  Headquarters and Headquarters Company (HHC), 4th Battalion, 503rd Infantry Regiment, MOS 11C (Mortarman), 18 April through 10 October 1967;

	b.  180th Aviation Company, MOSs 11B (Door Gunner) and 67U (Helicopter Repairer), 11 October 1967 through 8June 1968; and 

	c.  403rd Transportation Detachment, MOS 67U (Helicopter Repairer),
10 March 1968 through 13 July 1969.

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any orders awarding the CIB or of any other documents confirming his personal presence and participation in active ground combat as an infantryman with a qualifying infantry unit in the RVN.  

5.  On 28 October 1970, the applicant was honorably released from active duty, in the rank of SP4/E-4, after completing 3 years and 1 days of creditable active military service and accruing 24 days of time lost.  The DD Form 214 he was issued at the time does not include the CIB in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  Item 24 does show he earned the following awards during his active duty tenure:

* Air Medal
* Aircraft Crewman Badge
* Vietnam Service Medal
* RVN Campaign Medal

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on combat and special skill badges.  Paragraph 8-6 contains guidance on award of the CIB.  It states that in order to support award of the CIB there must be evidence the member held and served in an infantry MOS; that he served in an infantry unit of brigade, regimental, or smaller size; and that he was present with and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Service in a combat area and campaign participation credit alone do not support award of the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the CIB to his record and DD Form 214 has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, in order to qualify for award of the CIB there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

3.  The evidence of record confirms the applicant was serving in an Aviation unit performing duties in an aviation MOS for the majority of his combat tour in the RVN.  Although the record does show he was assigned to a headquarters element of a qualifying infantry unit and served in an infantry MOS for a short period during his RVN tour, it is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB, or that confirms his personal presence and participation with his unit while it was actively engaged in ground combat with enemy forces. 

4.   Absent any evidence of record or independent evidence provided by the applicant to corroborate his personal participation in active ground combat during the just over 5 months he served in a qualifying infantry unit in an infantry MOS, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  Therefore, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to support award of the CIB in this case. 

5.  The applicant and all others concerned should know that this action related to award of the CIB 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)                                         AR20110013726



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013726



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1