IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110022843
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 that he believes he is entitled to a CIB. Their Military Assistance Command Vietnam (MACV) Advisory Team 95 base came under hostile fire on at least two occasions. Those who served in an infantry military occupational specialty (MOS) were advised that they were awarded CIBs.
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 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 record shows he enlisted in the Regular Army on 4 October 1966. He completed training and was awarded MOS 11B, Light Weapons Infantryman.
3. He served in Vietnam from 9 March 1968 through 10 May 1969 and was assigned to Advisory Team 95, III Corps Advisory Group, U.S. MACV.
4. He was honorably released from active duty on 11 May 1969, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).
5. His DD Form 214 does not list the CIB.
6. There is no evidence of record and he did not provide any evidence that he served in ground combat and was awarded the CIB while serving in Vietnam. Item 9 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the CIB.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general or special orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the CIB pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. 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 (Decorations and Awards) 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."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record fails to show the applicant was awarded the CIB and he provides no evidence, such as orders, to show he was awarded this badge. His service in Vietnam in an infantry MOS is not in question. However, there is no evidence in his military personnel records and he did not submit sufficient evidence that shows he served in infantry unit during his period of service in Vietnam and he was personally present while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy and awarded the CIB.
2. The applicant's request for award of the CIB was carefully considered. However, the CIB is not automatically awarded to a Soldier for being shot at or for undergoing the hazards of day-to-day combat. Lacking sufficient evidence as required by the governing regulation, he is not entitled to award of the CIB and its addition to his DD Form 214.
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) AR20110022843
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ABCMR Record of Proceedings (cont) AR20110022843
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