BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120008275
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 served in a combat unit with an 11B (Infantryman) military occupational specialty (MOS) and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list the CIB.
3. The applicant provides no documentary evidence 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 applicants 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 applicants 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 13 February 1967. Item 22 (Military Occupational Specialties) of the applicants DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 95B (Military Policeman) on 30 June 1967. Item 22 shows award of no other primary, secondary, or additional MOS during the applicants active duty tenure.
3. Item 31 (Foreign Service) of the applicants DA Form 20 shows he served in the Republic of Vietnam (RVN) from 19 March 1968 through 18 March 1969. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 1st Military Police (MP) Company, 1st Infantry Division, performing duties in MOS 95B as a military policeman.
4. The applicants Military Personnel Records Jacket (MPRJ) is void of any documents or orders indicating the applicant was ever awarded or served in MOS 11B while in the RVN, or that he was ever recommended for, or awarded the CIB by proper authority while serving in the RVN.
5. On 14 January 1970, the applicant was honorably released from active duty (REFRAD), in the rank of specialist four/E-4, after completing 2 years,
10 months, and 23 days of active military service.
6. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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. Campaign or battle credit alone is not sufficient for award of the CIB. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. The regulation stipulates service in combat and campaign participation alone does not qualify a member for the CIB.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the CIB has been carefully considered. However, there is insufficient evidence to support this request. By regulation, in order to be awarded the CIB there must be evidence that an individual held and served in an infantry MOS. The individual must have served in a qualifying infantry unit and he must have been present and participated with the qualifying infantry unit while the unit was actively engaged in ground combat with enemy forces. Campaign or battle credit alone is not sufficient for award of the CIB.
2. The evidence of record confirms the applicant held and served in MOS 95B as a military policeman while in the RVN. His record does not show that he served in an infantry MOS or participated in active ground combat with a qualifying infantry unit during his RVN tour. As a result, the available evidence is not sufficient to support award of the CIB.
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 him 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.
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