IN THE CASE OF: 

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120010253 


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.

2.  The applicant states:

* He was an infantryman and held military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman)
* He was engaged in combat with the 1st Battalion, 327th Infantry, 101st Airborne Division
* He was wounded on 6 May 1967 and served with Company C until he was sent to Japan at the end of August 1967

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Casualty letter to his next of kin

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's records show he enlisted in the Regular Army on 31 August 1966.  He completed basic combat and advanced individual training and he was awarded MOS 11C.

3.  His records do not contain assignment or attachment orders to Vietnam.  However, his DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service), he served in Vietnam - U.S. Army Pacific from on or about 12 March 1967 to 20 October 1967
* Item 39 (Campaigns), he participated in two campaigns
* Item 40 (Wounds), he sustained shrapnel wounds to both legs on an unknown date
* Item 41 (Awards and Decorations) lists the Purple Heart (no orders number listed and no orders available) and other awards; the Combat Infantryman Badge is listed albeit with no authority or Special Orders Number and the word "CIB" itself is crossed out

4.  He was honorably released from active duty in the rank/grade of private/E-2 on 10 November 1969.  His DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal with two bronze service stars
* Purple Heart 
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Pistol bar

5.  He provides a letter, dated 6 June 1967, authored by the Commanding General (CG), 101st Airborne Division, and addressed to the applicant's mother wherein the CG informed the mother that the applicant was lightly wounded on 6 May 1967 when he was struck by fragments from a hostile booby trap.  The CG goes on to say it could not be determined at the time whether the applicant would be returned to Vietnam.  


6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It 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.  

7.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

2.  The available evidence shows the applicant held an infantry MOS, served in Vietnam from on or about 12 March to 20 October 1966, and he was wounded on 6 May 1967 when he was struck by fragments from a hostile booby trap.  However, his unit of assignment cannot be determined.  

3.  The applicant's sincerity and service in Vietnam in an infantry MOS is not in question.  However, in the absence of documentary evidence confirming his assignment or attachment to an infantry unit, such as his Purple Heart orders might show, at the time when he was wounded on 6 May 1967 there is insufficient evidence upon which to base award of the Combat Infantryman Badge.



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)                                         AR20120010253



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ABCMR Record of Proceedings (cont)                                         AR20120010253



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