IN THE CASE OF:	  

		BOARD DATE:  23 February 2012

		DOCKET NUMBER:  AR20110014144 


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 gives his military history primarily summarizing his service in the Republic of Vietnam (RVN) as a military policeman indicating:

	a.  his duties consisted of performing base patrol, security for convoys, setting up and maintaining convoy checkpoints, town patrol, first action response duties, and other duties as assigned;

   b.  he engaged the enemy in combat while being shot at, and chased down snipers and other attackers who were harassing road security;
   
   c.  the Quan Loi base camp received enemy fire almost every night for nearly 2 months during the TET Counteroffensive and the MP compound received mortar rounds and fire;
   
   d.  he was engaged in combat with enemy forces receiving and returning fire and he was called upon to help shore up weak spots on the base perimeter during actual and anticipated attacks;
   
   e.  before leaving Fort Bliss, Texas for Vietnam, every MP who rotated into his unit from Vietnam was awarded the CIB and he performed the same duties; and
   
   f.  he was told he would be awarded the CIB and although he never received it, he believes he deserves it.

3.  The applicant provides:

* a self-authored statement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Army Human Resources Command (AHRC) Letter

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 29 September 1965.  He was trained in and awarded military occupational specialty (MOS) 95B (Military Policeman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 13 January to 21 September 1968.  Item 38 (Record of Assignments) shows during his RVN tour he was assigned to the 1st MP Company, 1st Infantry Division, performing the duties of a military policeman.  Item 41 (Awards and Decorations) does not include the CIB.

4.  The applicant's official military personnel file (OMPF) is void of any orders or documents that indicate he was ever recommended for or awarded the CIB while serving in Vietnam or at any other time during his military service.

5.  On 21 September 1968, the applicant was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4. He completed 2 years, 11 months, and 23 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the CIB among the awards listed.

6.  The applicant provides a Chief, Awards and Decorations Branch, AHRC, letter dated 12 May 2011.  It shows the Chief informed the applicant, as in previous correspondence, he was not authorized the CIB as a military policeman and to apply to this Board if the applicant felt that decision was unfair or unjust.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 of the awards regulation contains guidance on badges and tabs of U.S. origin.  Paragraph 8-6 contains guidance on the CIB criteria and requires that the member was an infantryman satisfactorily performing infantry duties; that he was assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and that he was present with his qualifying infantry unit and actively participated in such ground combat.

8.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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 contends that his DD Form 214 should be corrected to show the CIB.

2.  In order to support award of the CIB, there must be evidence that the member held an infantry MOS, served in a qualifying infantry unit of brigade, regimental or smaller size, and that he was present and participated with that unit at a time when it was engaged in active ground combat with enemy forces.


3.  The evidence of record in this case shows the applicant held and served in the primary MOS of 95B and was assigned to an MP Company during his RVN tour.  There is no evidence of record that shows he ever held or served in an infantry MOS, or that he was assigned to or served with a qualifying infantry unit, or that he was present and participated with a qualifying infantry unit while it was engaged in active ground combat during his RVN tour.  Accordingly, there is no evidence to confirm he met the eligibility requirements necessary to support award of the CIB while serving on active duty.  Therefore, there is no basis to support granting this portion of the requested relief. 

4.  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 him 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)                                         AR20110014144



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ABCMR Record of Proceedings (cont)                                         AR20110014144



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