IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120011624
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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB).
2. He states he was assigned to the Military Assistance Command, Vietnam (MACV) as a radio operator and he participated in many combat operations with the Army of the Republic of Vietnam. He states he was awarded the Bronze Star Medal (BSM) for participating in combat operations. He states he needs to have the CIB added to his record to apply for Department of Veterans Affairs (VA) benefits.
3. He provides:
* DD Form 214
* BSM Certificate
* CIB criteria
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 was inducted into the Army of the United States on
14 November 1968. After completing initial entry training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman) and he was assigned to Vietnam.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 19 May 1969 to 14 June 1970 in duty MOS 05B (Radio Operator) with Advisory Team 86, III Corps Advisory Group, MACV.
4. General Orders Number 2908, issued by Headquarters, MACV, dated 21 May 1970, awarded the applicant the BSM for meritorious service in connection with military operations against a hostile force during the period June 1969 to May 1970.
5. His record also includes the citation for his award of the BSM that states, in part:
* he was responsible for transmitting many requests for urgent tactical support from allied units in contact with the enemy
* during critical situations, he was able to effect the timely and accurate response to those requests
* during combat operations, he performed in an exemplary manner by assisting in the coordination of artillery support fire, air strikes, and medical evacuations
6. On 16 June 1970, he was honorably released from active duty by reason of early separation of an overseas returnee. His DD Form 214 does not show the CIB.
7. There are no orders in the applicant's military personnel records showing he was awarded the CIB.
8. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. 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.
9. U.S. Military Assistance Command, Vietnam (MACV) Directive 672-1 (Awards and Decorations) provided for award of the CIB. Appendix 3 to Annex A of this directive listed advisor positions in MACV which were considered infantry positions and for which award of the CIB was authorized. Among these positions, "Radio/Telephone Operator" is listed with the statement "if the primary duty is to accompany infantry or infantry-type units on tactical operations."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request to add the CIB to his DD Form 214.
2. The record shows his performance of duty as a Radio Operator during combat operations was exemplary while he was assigned to a MACV Advisory Team. Unfortunately, the record does not show what type of units his Advisory Team accompanied. The available records do not show he was awarded the CIB.
3. In the absence of documentary evidence showing his primary duty was to accompany infantry or infantry-type units on tactical operations, there is an insufficient evidentiary basis for awarding him the CIB or adding the CIB to his DD Form 214.
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) AR20120011624
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011624
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