IN THE CASE OF:	  

		BOARD DATE:  17 July 2012

		DOCKET NUMBER:  AR20120002096 


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 he should be awarded the CIB based on his service as a Radio Telephone Operator (RTO) while attached to a Military Assistance Command, Vietnam (MACV) unit where he participated in an 8-hour battle and many firefights.  

3.  The applicant provides Army Commendation Medal with “V” (Valor) Device orders in support of his request.  

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.  On 6 May 1964, the applicant enlisted in the Army National Guard (ARNG) and on 29 September 1964 he was trained in and awarded military occupational specialty (MOS) 310.00 (Field Communication Crewman).  He was later reclassified into MOS 13A (Field Artillery). 

3.  On 13 May 1968, while serving in the ARNG, the applicant was ordered to active duty.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 16 September 1968 through 4 September 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he served in the following units performing duties in the MOSs and principal duties listed for the periods identified:

* Battery A, 3rd Battalion, 197th Artillery, MOS 13A (Truck Driver) and MOS 94A (Cook’s Helper), from 16 September-31 December 1968
* Battery A, 6th Battalion, 15th Artillery, MOS 13A (Cannoneer), from 
10 March-11 April 1969
* Battery A, 8th Battalion, 6th Artillery, 1st Infantry Division, MOS 13A (Cannoneer), from 19 April-23 August 1969
* Headquarters and Headquarters Battery (HHB) and A Battery, 3rd Battalion, 197th Artillery, MOS 13A (Cannoneer), from 24 August-
4 September 1969 

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not include the CIB in the list of earned awards, and the record is void of documents indicating he was recommended for or awarded the CIB by proper authority while serving in the RVN.  

5.  The record does contain Headquarters, U.S. Army Vietnam (USARV) General Orders Number 1473, dated 29 April 1969, which awarded the applicant the ARCOM with “V” Device for heroism on 28 November 1968.  The award citation indicates the applicant was serving as a radio-telephone operator for a forward observer section attached to an Army of Vietnam (ARVN) infantry unit when he received the award.  

6.  On 16 September 1969, the applicant was honorably released from active duty in the rank of private first class and returned to his ARNG unit after completing 1 year, 4 months, and 4 days of active service during the period covered by the DD Form 214.  The CIB is not included in the list of earned awards for the period entered on the DD Form 214.  



7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Chapter 8 contains guidance on award of badges and tabs of United States origin.  Paragraph 8-6 contains guidance on award of the CIB.  It states the three basic requirements for the CIB are as follows:

	a.  be an infantryman satisfactorily performing infantry duties;

	b.  be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and

	c.  actively participate in such ground combat.

8.  Army Regulation 600-8-22 states combat service alone does not qualify a member for the CIB.  Although there were separate RVN local policies allowing for award of the CIB to RTOs serving in traditional line infantry units and to members holding infantry MOSs serving with ARVN infantry units as advisors, there were no provisions allowing for award of the CIB to members of forward observer elements of ARVN units serving as RTOs.    

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the CIB has been carefully considered.  However, the evidence of record fails to support his request.  By regulation, in order to be awarded the CIB there must be evidence that a member held and served in an infantry MOS, served in a qualifying infantry unit, and was present and participated with the qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.  

2.  Although the applicant clearly engaged in active ground combat while serving in the RVN, there is no indication that he ever held a qualifying infantry MOS or that he served in a qualifying infantry unit.  While showing the applicant served with an ARVN infantry unit and engaged in combat with that unit, the evidence of record confirms he served as an RTO with a forward observer element and not with a traditional line infantry company.  Therefore, given there were no provisions for awarding the CIB to members serving with forward observer elements, the regulatory criteria necessary to support award of the CIB has not been met in this case. 

3.  The applicant and all others concerned should know that this action related to award of the CIB in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

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)                                         AR20120002096



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120002096



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1