IN THE CASE OF:	  

		BOARD DATE:  23 October 2012

		DOCKET NUMBER:  AR20120007790 


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 as an 11C (Indirect Fire Infantryman) he was involved in many combat operations during his service in the Republic of Vietnam (RVN).  He claims he was awarded military occupational specialty (MOS) 11E (Armor Crewman) after leaving the RVN while stationed at Fort Knox, KY.  He believes he has earned the CIB and he has already had it awarded to him from the U.S. Army Tank-Automotive and Armaments Command (TACOM).

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of a packing slip from the Clothing and Heraldry Product Support Integration Division, TACOM.

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 28 January 1966.  He completed training and he was awarded MOS 11C.  However, item 22 (MOS) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the secondary MOS of 11C on 10 June 1966 and the primary MOS of 11E on
21 September 1966.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

3.  The applicant's DA Form 20 shows he served in the RVN from 2 May 1967 to 26 April 1968.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Troop B, 1st Battalion, 10th Cavalry Regiment, 25th Infantry Division, performing duties in MOS 11E as an armor crewman throughout his tour of duty in the RVN.

4.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the CIB.

5.  On 27 January 1969, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time does not show award of the CIB.

6.  There is no evidence of record and the applicant did not provide any evidence that shows he was personally present and participated with a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.  There is also no evidence that he was recommended for or awarded the CIB.

7.  The applicant provides a copy of a packing slip from the Clothing and Heraldry Product Support Integration Division, TACOM, that shows the CIB
(1st Award) was shipped to him.

8.  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.
9.  USARV Regulation 672-1 (Awards) 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, there is no evidence of record that indicates he was ever recommended for or awarded the CIB during his active duty service.  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.

2.  Notwithstanding his sincerity and the apparent issuance of the CIB
(1st Award) to him by TACOM, in the absence of official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20120007790



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ABCMR Record of Proceedings (cont)                                         AR20120007790



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