IN THE CASE OF:	  

		BOARD DATE:	  25 June 2013

		DOCKET NUMBER:  AR20120021090 


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) for the period ending 11 April 1971 to show award of the Combat Infantryman Badge (CIB).

2.  He states his DD Form 214 does not list the CIB as an award received.  He contends he was in combat situations that should qualify him for this award.  He received the Bronze Star Medal with first oak leaf cluster for operations that took place under combat conditions in the field with his platoon.  They were on missions that engaged the enemy on numerous occasions and other members of his platoon received the CIB.  He attributes the omission of the CIB to a clerical error because when he was sent back to the United States from Vietnam to be separated from service there were so many Soldiers being processed at the time that his CIB was overlooked.  He is seeking this correction because it is the award that is most significant to him.

3.  He provides:

* a DD Form 214
* an extract from a Unit Manning Report
* two Bronze Star Medal Certificates
* a Letter of Appreciation with 1st Endorsement
* a 1st Cavalry Division (Airmobile (AM)) Vietnam Combat Certificate
* an Honorable Discharge Certificate

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 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.  Following a period of enlisted service and upon completion of the Infantry Officer Candidate Course, on 22 August 1969, he was commissioned as a second lieutenant (2LT)/O-1 in the U.S. Army Reserve (USAR), infantry branch, and he was awarded military occupational specialty 1542 (Infantry Unit Commander).  He was immediately ordered to active duty.

3.  On 11 April 1971, he was honorably released from active duty (REFRAD).  At the time of his REFRAD he had served 1 year, 8 months, and 19 days of active service as an infantry officer.  The highest rank/grade he attained while serving on active duty was first lieutenant (1LT)/O-2.  The DD Form 214 he was issued at the time does not show the CIB as an authorized award.

4.  His DA Form 66 (Officer Qualification Record) shows in:

	a.  item 17 (Foreign Service) he served in Vietnam from 2 November 1970 to 7 April 1971.

	b.  item 21 (Awards and Decorations) no entry for the CIB.

	c.  item 18 (Record of Assignments) that during his tour of duty in Vietnam he served:

		(1)  in duty MOS 1542 as a Liaison Officer with Headquarters and Headquarters Company (HHC), 1st Battalion (AM), 8th Cavalry Regiment,
1st Cavalry Division (AM) from 12 November 1970 to 9 January 1971;

		(2)  in duty MOS 1542 as a Rifle Platoon Leader with Company C,
1st Battalion (AM), 8th Cavalry Regiment, 1st Cavalry Division (AM) from 11 January to 19 March 1971; and

		(3)  in duty MOS 4010 (Supply Staff Officer) as an Assistant S-4 with HHC, 2nd Battalion (AM), 8th Cavalry Regiment, 1st Cavalry Division (AM) from 20 to 31 March 1971.

5.  His DA Forms 67-6 (U.S. Army Officer Efficiency Report) for the period
16 July 1970 to 19 March 1971 do not mention that he ever performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

6.  His record contains (and he also provides) a 1st Cavalry Division (AM) Vietnam Combat Certificate that was presented to him in recognition of his faithful service with 1st Battalion (AM), 8th Cavalry Regiment, 1st Cavalry Division (AM) in Vietnam for the period November 1970 to March 1971.  This certificate also provides a synopsis of the history of the 1st Cavalry Division from 13 September 1920 through the Vietnam Conflict.

7.  A review of his available personnel service record failed to show any evidence and he did not provide any evidence that shows he ever performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, there is no evidence showing that he was ever recommended for or awarded the CIB.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general 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.

9.  The applicant provides:

	a.  an extract from a Unit Manning Report, dated 1 February 1971, that shows he was assigned to a Platoon Leader position with duty MOS 1542 with Company C, 1st Battalion (AM), 8th Cavalry Regiment, 1st Cavalry Division (AM) on 10 January 1971.

	b.  a certificate, dated 16 February 1971, that shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in Vietnam during the period 25 January to 1 March 1971.

	c.  a certificate, dated 16 February 1971, that shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in Vietnam during the period August 1970 to March 1971.

	d.  a Letter of Appreciation by the Commander, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division (AM), dated 23 February 1971, in recognition of the support his battalion received from Company C, 1st Battalion (AM),
8th Cavalry Regiment, 1st Cavalry Division (AM) during February 1971 while under his operational control (OPCON).  The commander specifically mentioned Company C's involvement in two combat assault missions and the discovery of an enemy cache site while conducting ground reconnaissance.  The battalion commander stated that throughout the period Company C was under OPCON of this battalion, the company commander and his unit displayed professionalism and aggressiveness of the highest magnitude, they were a credit to their parent battalion, and it was a distinct honor and privilege for him to have had this company under his OPCON.  The letter contains no mention of the applicant specifically.  On 25 February 1971, the Commander, 1st Battalion (AM),
8th Cavalry Regiment, 1st Cavalry Division (AM) rendered a 1st Endorsement to the letter wherein he praised and congratulated the Company C commander for the unit's achievements.  There is no specific mention of the applicant in the endorsement.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the CIB and his DD Form 214 should be corrected to show this badge was carefully considered.

2.  The applicant's available record is void of any orders or other documents indicating he was recommended for or awarded the CIB by proper authority while serving on active duty.

3.  By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS while assigned to an infantry unit, but the individual must have been present and participated with the unit while it was engaged in active ground combat with enemy forces.

4.  Although the evidence of record shows the applicant served in an infantry MOS while assigned to an infantry unit during his tour of duty in the Vietnam, his 

record is void of any evidence that shows he was personally present and participated with the unit while it was engaged in active ground combat with enemy forces.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

6.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant 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.
ABCMR Record of Proceedings (cont)                                         AR20120021090



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ABCMR Record of Proceedings (cont)                                         AR20120021090



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