IN THE CASE OF:  

		BOARD DATE: 2 October 2012

		DOCKET NUMBER:  AR20120006412


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) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this badge.

2.  The applicant states the CIB was not added to his record while he served in Company D, 3d Battalion, 1st Infantry, 11th Infantry Brigade, in Vietnam.  He earned the award while serving his country under fire.

3.  The applicant provides copies of:

* DD Form 149 (Application for Correction of Military Record), dated 13 July 2010 – the applicant states this previous application was lost
* DD Form 214
* Department of Veterans Affairs (VA) Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD))
* extract of item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record)

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 4 April 1969.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows in:

	a.  item 38 that he was assigned as a rifleman to Company D, 3d Battalion, 1st Infantry, 11th Infantry Brigade, from 22 September 1969 through 15 November 1969 and he was reassigned to the 23d Administration Company where he served as an armorer and supply clerk until 30 October 1970; and

	b.  item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Second Class Marksmanship Qualification Badge with Machine Gun Bar, and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 November 1970 in the rank/grade of specialist four/E-4.  He completed 1 year, 7 months, and 4 days of net active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

5.  His records contain a DA Form 8-274 (Medical Condition – Physical Profile Record), dated 29 October 1969, showing "no combat duty, no duty requiring weapon firing and no driving government vehicles," in section C (Assignment Restrictions, or Geographic, or Climatic Area Limitations).

6.  There are no orders or other evidence in the applicant's records that show he was recommended for or awarded the CIB.

7.  The applicant provides a VA Form 21-0781 in which he describes events that occurred in the morning of 20 October 1969.  His patrol was ambushed.  They took small arms fire and encountered booby traps.  He personally witnessed the death of one Soldier and two others were wounded.  The applicant further states that during his time in the field as an infantryman his company engaged in numerous firefights with hostile forces resulting in casualties.

8.  Army Regulation 600-8-22 (Military Awards) provides 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 during such time as the unit was engaged in active ground combat and they must have been present with their qualifying infantry unit and participated actively in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.

DISCUSSION AND CONCLUSIONS:

The available evidence clearly shows the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while serving in the Republic of Vietnam.  However, there is no evidence to substantiate his claim that he engaged in active ground combat.  Therefore, his request to be awarded the CIB should be denied.

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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20120006412



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