IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110015767
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 that he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, he was told that he would receive the CIB for his service with Detachment B-33, Special Forces and he has never received the order for the badge.
3. The applicant provides no additional documents with 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 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 enlisted in the Regular Army in Bangor, Maine, on 27 June 1966, for a period of 3 years and training as a fixed station transmitter repairman. He completed his basic training at Fort Dix, New Jersey and was transferred to Fort Monmouth, New Jersey to undergo his advanced individual training (AIT). He failed to complete his AIT and was transferred to Fort Dix, New Jersey to undergo on-the-job training (OJT) as a field wireman in military occupational specialty 36K.
3. He completed his OJT and was transferred to Vietnam on 19 February 1967 for assignment to Headquarters and Headquarters Battery, 6th Battalion, 27th Artillery Regiment for duty as a field wireman. He was advanced to the pay grade of E-4 on 17 June 1967 and to the pay grade of E-5 on 18 November 1967.
4. On 8 December 1967, the applicant and two other noncommissioned officers were attached to Detachment B-33, Special Forces, Hon Quan, South Vietnam.
5. He departed Vietnam on 10 February 1968 and was transferred to Germany on 14 March 1968 for assignment to an artillery battery as a communications team chief.
6. He departed Germany on 9 June 1969 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on 10 June 1969 as an overseas returnee. He had served 2 years, 11 months, and 14 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Campaign Medal, National Defense Service Medal, and Vietnam Service Medal.
7. A review of his official records failed to show any evidence that he was awarded the CIB or that he engaged the enemy in combat while assigned to a special forces unit.
8. 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.
9. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge. Appendix 3 to Annex A of this regulation listed advisor positions which qualified for award of the Combat Infantryman Badge. The regulation authorized award of the Combat Infantryman Badge to radio/telephone operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was told that he was to be awarded the CIB is not in doubt, there is no evidence in the available records to support his claim.
2. The evidence of record shows that he was attached to a Special Forces Detachment as a field wireman and not as a radio operator. The only provision for award of the CIB to signal personnel was for those personnel serving as a radio operator.
3. Therefore, in the absence of orders and evidence to show that he met the requirements for award of the CIB there appears to be no basis to grant his request.
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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. 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) AR20110015767
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ABCMR Record of Proceedings (cont) AR20110015767
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