IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110014651
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, that he should be awarded the CIB for his service in Vietnam during 1968 to 1969 with the 5th Special Forces Group (SFG).
3. He provides his Department of Veteran Affairs (VA) Rating Decision, dated
11 May 2011 and photographs.
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 applicants 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 applicants 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 June 1967. After completing basic and advanced individual training he was awarded Military Occupational Specialty (MOS) 43E (Parachute Rigger). He served in Vietnam from 8 October 1968 to 13 June 1969 and he was honorably released from active duty on 12 June 1969.
3. During his tenure in Vietnam, he was assigned in duty MOS 43E to:
* 623d Quartermaster Company
* 109th Quartermaster Company
* Headquarters and Headquarters Company, 5th SFG (Airborne), 1st Special Forces
4. His VA rating decision shows he received a 100 percent disability rating for post traumatic stress disorder effective 30 September 2010.
5. He also provides several pictures of himself in uniform with his weapon and on a tank.
6. 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.
7. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989. Retroactive awards for special forces personnel are not authorized. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the available records to show the applicant should be awarded the CIB. An individual must have been personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy. Even though the applicant may have served with a special forces unit he was assigned and served as a parachute rigger in MOS 43E. In view of these facts, there is an insufficient basis 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) AR20110014651
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ABCMR Record of Proceedings (cont) AR20110014651
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