IN THE CASE OF:	  

		BOARD DATE:	  19 April 2012

		DOCKET NUMBER:  AR20110020197 


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 if the Board pulls up the morning reports, they would show he was out on patrols all the time.  When he got through with his training in Vietnam, he was assigned to the 173rd as an infantryman.  His military occupational specialty (MOS) was 11B (Light Weapons Infantryman).  "Why can't the Army bring these orders up? Why would they send a clerk to [do] this?  It does not make any sense."

3.  The applicant provides:

* Page 4 of his 4-page DA Form 20 (Enlisted Qualification Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 1504 (National Agency Check Request)
* Letter of Appreciation

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 records show he was inducted into the Army of the United States on 16 August 1968.  He completed basic combat and advanced individual training and was awarded MOS 71B (Clerk Typist).  He served in Vietnam as a clerk typist, in MOS 71B, with Headquarters and Headquarters Company, 2nd Battalion, 8th Infantry, from 7 September 1969 to 6 September 1970. 

3.  Item 22 (MOS) of his DA Form 20 shows he held MOS 71B and item 27 (Military Education) shows he completed the Clerk Typist course.  This form does not show he was trained in or held an infantry MOS.

4.  There is no indication in the applicant's records that he held an infantry MOS and/or was assigned to a line infantry unit of brigade, regimental, or smaller size during his military service.

5.  He was honorably released from active duty on 1 June 1971.  His 
DD Form 214 does not show award of the CIB.  

6.  He submitted a letter of appreciation from the battalion commander of the 
2nd Battalion, 8th Infantry, to the administrative section of the battalion commending them on a job well done. 

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

8.  USARV Regulation 672-1 specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is 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 and to enlisted and warrant officer persons who have an infantry MOS 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's service in Vietnam with an infantry unit is not in question.  However, the evidence of record shows he held an administrative MOS and served with his infantry battalion as a clerk typist.  There is no evidence in the available records and he did not submit evidence that shows he held an infantry MOS or that he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy. 

2.  Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case.

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 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)                                         AR20110020197





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ABCMR Record of Proceedings (cont)                                         AR20110020197



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