IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110014297 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

2.  He states, in effect, he was assigned to the 313th Signal Company, 199th Light Infantry Brigade in 1970.  He offers that he participated in numerous operations within the brigade area of operation.  He maintains he was picked as a radio operator with the radio support team and performed temporary duty (TDY) with the 1st Cavalry Division during the Cambodian Incursion between May and June 1970.  He adds that during this incursion, they came under fire numerous times at their forward fire base.

3.  He does not provide any additional evidence.

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 military records show he was inducted into the Army of the United States on 21 January 1969.  After completing basic and advanced individual training he was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator).  He served in Vietnam from 18 January to
8 December 1970.  He was honorably released from active duty on the same date that he returned to the United States.

3.  During his tenure of service in Vietnam he was assigned to the following units:

   a.  Company A, 1st Support Battalion, 199th Infantry Brigade, from 
24 January to 1 February 1970.

   b.  313th Signal Company, 199th Infantry Brigade, from 2 February to 
12 October 1970, in MOS 05C as a radio teletype operator.  

	c.  Company A, 13th Signal Battalion, 1st Armor Calvary Division, from 
13 October to 2 December 1970.

4.  Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB.  Additionally, his military service records do not contain any orders awarding him the CIB.

5.  Information obtained from the internet states that on 1 May 1970, United States and South Vietnamese units launched a ground and air offensive into neutral Cambodia to eliminate North Vietnamese sanctuaries used for frequent raids into South Vietnam.  Dubbed the Cambodian Incursion by President Nixon, U.S. ground operations took place over a 60-day period between 1 May and
29 June 1970 and was overlapped by Allied air strikes and a 75 day South Vietnamese incursion.  By combining the efforts of the South Vietnamese, devastating air power, and Army ground forces, the Allied Forces overwhelmed enemy positions and supply points resulting in thousands of the enemy killed and an unprecedented recovery of enemy material.  This information is located at: http://www.militaryhistoryonline.com/vietnam/articles/cambodianincursion.aspx 

6.  His record is void of any evidence showing he served in active ground combat during his service in Vietnam.
7.  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/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.

8.  Additionally, Appendix 3 to Annex A of this regulation listed advisor positions which qualified for award of the CIB.  The regulation authorized award of the CIB to radio operators (MOS 05B) provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

DISCUSSION AND CONCLUSIONS:

There is no evidence in the available records to show the applicant was awarded or entitled to award of the CIB.  Although the evidence of record shows he was assigned to the199th Infantry Brigade and to the 1st Armor Calvary Division in what appears to be MOS 05C, there is no evidence to show he was TDY in support of the Cambodian Incursion and personally present while the unit was engaged in active ground combat and he actively participated in such ground combat.  Therefore, there is insufficient evidence to show he met the minimum eligibility criteria for award of the CIB.

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)                                         AR20110014297



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ABCMR Record of Proceedings (cont)                                         AR20110014297



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