BOARD DATE:	    2 February 2012

		DOCKET NUMBER:  AR20110014468 


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 his military occupational specialty (MOS) was changed from 64A (Light Vehicle Driver) to 11B (Light Weapons Infantryman) while serving in Duc Pho in the Republic of Vietnam (RVN).  He was promoted to E-5 in MOS 11B4O on 6 March 1969.  He believes poor recordkeeping resulted in his not being awarded the CIB.

3.  The applicant provides no 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 was inducted into the Army of the United States on 16 January 1968.  He was trained in and awarded MOS 64A on 17 May 1968 and was reclassified into MOS 11B on 6 March 1969.  His record further shows he was promoted to the rank/grade of sergeant (SGT)/E-5 on 6 March 1969 which is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 10 July 1968 through 7 July 1969.  Item 38 (Record of Assignments) shows that during his service in the RVN he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 20th Infantry Regiment, performing duties in the following MOSs performing the principal duties indicated for the period identified:

* MOS 11B, ammunition specialist, 25 July-18 October 1968
* MOS 64A, light vehicle driver, 19 October 1968-19 February 1969
* MOS 11B, ammunition chief, 20 February-4 July 1969

4.  The applicant's record is void of any documents indicating he was ever recommended for or awarded the CIB by proper authority while serving on active duty.  It is also void of documents or orders confirming his presence and direct participation with a qualifying line infantry unit while it was engaged in ground combat with enemy forces in the RVN.  The record shows a continuous assignment with a headquarters element of an infantry regiment performing duties other than those associated with traditional line infantrymen duties.

5.  On 15 January 1970, the applicant was honorably released from active duty in the rank/grade of SGT/E-5 after completing 2 years of total active service.  Item 24 (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 earned the following awards during his active duty tenure:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device (1960)
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Bronze Star Medal

6.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Chapter 8 contains guidance on award of badges and tabs of United States origin.  Paragraph 8-6 contains guidance on award of the CIB.  It states the three basic requirements for the CIB are as follows:

	a.  be an infantryman satisfactorily performing infantry duties,

	b.  be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and

	c.  actively participate in such ground combat.

7.  Army Regulation 600-8-22 states combat service alone does not qualify a member for the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the CIB has been carefully considered.  However, the evidence of record fails to support his request.

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

3.  While showing the applicant served in an infantry MOS for a short period while assigned to a qualifying infantry unit in the RVN, the evidence of record confirms he was assigned to a headquarters element for the entire period he was with the unit and he served in MOS's and duties other than those associated with traditional line infantryman duties.  Further, there is no evidence that he was present and personally participated with his qualifying infantry unit while it engaged in active ground combat with enemy forces.  Combat service alone does not qualify a member for the CIB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X______  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The applicant and all others concerned should know 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.



      __________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)                                         AR20110014468



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ABCMR Record of Proceedings (cont)                                         AR20110014468



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