IN THE CASE OF:	  

		BOARD DATE:	    2 August 2012

		DOCKET NUMBER:  AR20120002093 


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:

	a.  he took basic training at Fort Bragg, NC and additional training at Fort Sill, OK in artillery but when he was sent to Vietnam he was placed in Company B, 2nd Battalion, 39th Infantry of the 9th Infantry Division and served as a rifleman. 

	b.  he did not know he was responsible for having his military occupational specialty (MOS) changed from artillery to infantryman.  Apparently, the personnel person responsible for doing that failed to do so.

	c.  since he served in the infantry as a rifleman and participated in all combat activities while in the unit, he should qualify for the CIB.  Through no fault of his own his MOS wasn't changed by the person responsible for doing so.   

3.  The applicant provides:

* Letter, dated 9 January 2012, from the Awards and Decorations Branch, U.S. Army Human Resources Command, Fort Knox, KY
* Letter, dated 1 September 2011, from the National Personnel Records Center (NPRC) in St. Louis, MO
* Letter, dated 6 September 2011, he wrote to the NPRC


* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Newspaper article

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 September 1966.  He was awarded MOS 13A (field artillery basic crewman) and later MOS 76Y (unit and organization supply specialist).  

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in:

* MOS 13A assigned to Company B, 2nd Battalion, 39th Infantry of the 9th Infantry Division in Vietnam from 1 March 1967 to 28 April 1967
* MOS 13A and MOS 76Y assigned to Headquarters and Headquarters Battery, 1st Battalion, 11th Artillery of the 9th Infantry Division in Vietnam from 29 April 1967 to 23 February 1968    

4.  On 13 September 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

5.  He provides a newspaper article which states he was an infantryman serving with the 9th Division in Vietnam.

6.  He provided a letter, dated 1 September 2011, from the NPRC that states the CIB cannot be authorized because no orders were found.

7.  Army Regulation 600-8-22 (Military Awards) states 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 states 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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB was 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 officers, enlisted personnel, and warrant officers who held 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.  Although the applicant contends he served as a rifleman assigned to Company B, 2nd Battalion, 39th Infantry of the 9th Infantry Division in Vietnam, evidence shows he served in MOS 13A (artillery crewman) assigned to this unit from 1 March 1967 to 29 April 1967, a period of less than 2 months. 

2.  There is no evidence of record that shows he served in active ground combat while assigned to an infantry unit of brigade or smaller size in Vietnam as required by the governing regulation, and he did not hold an infantryman MOS.  

3.  The newspaper article is not sufficient evidence as a basis for award of the CIB.  Regrettably, there is insufficient evidence on which to base 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)                                         AR20120002093





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120002093



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1