IN THE CASE OF:	  

		BOARD DATE:	    20 December 2012

		DOCKET NUMBER:  AR20120010806 


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 correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 1 August 1969, to show award of the Combat Infantryman Badge (CIB) and the Letter of Commendation that he provided.

2.  The applicant states:

   a.  He attached a copy of his Letter of Commendation, dated 10 December 1967, which was issued during his period of Vietnam service.  He has highlighted paragraph number 2 which states, "You can be proud of your actions since this is the only battalion headquarters company in the 1st Calvary Division which has participated in regular ground combat."  
   
   b.  During the month of September 1967, their company clerk was killed while on a combat mission.  Lieutenant Sxxxxxx lost his right leg from the knee down and another Soldier lost two-thirds of his lower intestines during the same operation.  On the date of these incidents he was advised by both the company clerk [prior to his death] and the captain (CPT) that he had been put in for the CIB.  He did not follow-up on this issue.
   
   c.  On the date of the above incidents he was the radio operator for CPT Vxxxx, his company commander.  This was always his job if the CPT was going into any type of combat.  The company clerk and two other Soldiers were chasing a Viet Cong who led them into an explosion.  He and the CPT were close by when the clerk was killed and the other two men were injured.  He declares this is a true and exact statement to the best of his belief and knowledge.

3.  The applicant provides copies of his Letter of Commendation and DD Form 214.

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 military record shows he was inducted into the Army of the United States on 27 July 1966.  He was discharged on 1 August 1966 for immediate enlistment in the Regular Army (RA).

3.  He enlisted in the RA on 2 August 1966.  He completed training and was awarded MOS 76Y (Supply Specialist).  He served in Vietnam from 27 December 1966 through 29 December 1968.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 8th Cavalry.

4.  His record contains and he provides a copy of a Letter of Commendation, dated 10 December 1967, which commended him on his participation and conduct during "Snatch Team" operations conducted by the unit.  The letter stated he had participated in regular combat operations.  The letter also stated that as the supply clerk he was not required to participate, but he volunteered.  His outstanding efforts, combined with other "Snatch Team" volunteers, dealt a serious blow to the Viet Cong infrastructure.

5.  On 1 August 1969, he was honorably released from active duty, due to expiration term of service, and transferred to the U.S. Army Reserve Control Group (Reinforcement), in pay grade E-5.  His DD Form 214 does not list the CIB.

6.  The evidence in his record is insufficient and he did not provide sufficient evidence that shows he held an infantry MOS and/or he served in ground combat and was awarded the CIB while serving in Vietnam.  Item 9 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the CIB.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general or special orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the CIB pertaining to the applicant.

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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed award of the CIB to Army forces operating in South Vietnam.  The regulation stated the CIB was awarded to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the CIB was not an award for being shot at or for undergoing the hazards of day-to-day combat."

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  The regulation stated in Item 24 enter from 41 of the DA Form 20 all decorations, service medals, campaigns credits, and badges awarded or authorized.  There were no provisions for listing letters of commendations on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the CIB, the evidence must show the applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and he must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence of record shows he completed training and was awarded MOS 76Y.  There is no evidence he was awarded an infantry MOS.  

3.  His requests and the Letter of Commendation he submitted were carefully considered.  However, the CIB is not automatically awarded to a Soldier for being shot at or for undergoing the hazards of day-to-day combat.  It is not a basis for award of the CIB.  Absent sufficient evidence as required by the governing regulation, he is not entitled to award of the CIB and its addition to his DD Form 214.

4.  There is no provision for listing letters of commendation on the DD Form 214. Therefore, there is no basis for granting this portion of his 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 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)                                         AR20120010806



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ABCMR Record of Proceedings (cont)                                         AR20120010806



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