IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120004813
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, in effect, he was by himself when he returned fire after encountering incoming fire from an AK-47 automatic rifle.
3. The applicant provides a letter from a former officer.
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 enlisted in the Regular Army on 26 July 1966. He completed training and he was awarded military occupational specialty (MOS) 71B (Clerk Typist). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 1 December 1967 to 26 November 1968. Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 503rd Infantry Regiment, performing duties in MOS 71B as a clerk typist.
4. The CIB is not included in the list of earned awards contained in item 41 (Awards and Decorations) of his DA Form 20 and the applicant's Military Personnel Records Jacket is void of orders or any other documents that indicate he was ever recommended for or awarded the CIB during his active duty tenure.
5. On 25 July 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years of total active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the CIB.
6. The applicant provides a written statement from a former officer who states the applicant was reassigned from communications to the infantry sometime in August or September 1968.
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 Regulation 672-1 (Awards and Decorations) stated 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 also stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that 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 infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/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 claim of entitlement to the CIB was carefully considered. However, by regulation, in order to qualify for award of the CIB there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. In this case, there is no evidence he met any of the three qualifying factors for the CIB.
2. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120004813
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ABCMR Record of Proceedings (cont) AR20120004813
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