BOARD DATE:	  26 September 2013

		DOCKET NUMBER:  AR20130001922 


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 was in command of infantry forces for a 30-day period during which three tactical moves were made and two fire bases were established.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 August 1972
* request for award of the CIB, dated 28 April 1980

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.  Having prior enlisted service in the Regular Army, the applicant was commissioned as a field artillery second lieutenant on 17 December 1965 in the U.S. Army Reserve and he entered active duty.

3.  His DA Forms 67-6 (U.S. Army Officer Efficiency Report) show:

* he was assigned to Battery B, 1st Battalion, 77th Artillery Regiment, in Vietnam from April 1970 to November 1970
* he was assigned to Service Battery, 1st Battalion, 30th Artillery Regiment, in Vietnam from December 1970 to April 1971

4.  On 20 August 1972, he was released from active duty.

5.  His DD Form 214 for the period ending 20 August 1972 does not show the CIB as an authorized award.

6.  There are no orders for the CIB in the available records.

7.  He provides a request for award of the CIB from the Assistant Adjutant, Headquarters, 58th Infantry Brigade (Separate), Maryland Army National Guard, dated 28 April 1980, which states:

* the approximate dates were 20 September 1970 to 22 October 1970
* he commanded Battery B, 1st Battalion, 77th Field Artillery Regiment
* his unit was in direct support of 1st Battalion, 8th Cavalry Regiment, 2nd Brigade, 1st Cavalry Division
* the commander of the 1st Battalion, 8th Cavalry Regiment, conducted small unit infantry and artillery raids in the vicinity of Phouc Vinh
* the applicant was appointed as the commander of the task force conducting the raids
* the task force consisted of three 105-millimeter howitzers, two twin 
40-millimeter dusters (self-propelled anti-aircraft guns), one 81-millimeter mortar section, and two infantry squads from other companies
* during the conduct of this operation the applicant established and commanded two fire support bases

8.  On 31 October 1997, he retired from the Army National Guard in the rank of brigadier general.

9.  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 military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

10.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated the 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 is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the CIB was authorized for award to officers, enlisted personnel, and warrant officers who held an infantry MOS 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.

11.  Appendix V of U.S. Army Vietnam Regulation 672-1 further states officers, basic branch other than infantry, who have been detailed infantry are considered infantry officers for the purpose of determining eligibility for award of the CIB.  Award of the CIB to armor officers serving in infantry units is authorized provided these officers are serving in infantry units as the result of the armor-infantry infusion program or detailed to infantry.

DISCUSSION AND CONCLUSIONS:

1.  The governing regulation for award of the CIB clearly establishes that the CIB may be 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.

2.  Appendix V of U.S. Army Vietnam Regulation 672-1 specifies that award of the CIB to armor officers serving in infantry units is authorized provided these officers are serving in infantry units as the result of the armor-infantry infusion program or detailed to infantry.

3.  The evidence shows the applicant served as a field artillery officer while assigned to Battery B, 1st Battalion, 77th Artillery Regiment, and Service Battery, 1st Battalion, 30th Artillery Regiment, during his assignment in Vietnam.

4.  His officer efficiency reports don't show he was detailed to infantry.

5.  There is no evidence of record which shows the applicant held an infantry specialty and served in active ground combat while assigned as a member of an infantry unit of brigade, regimental, or smaller size.  As a result, there is insufficient evidence on which to base award of the CIB.

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)                                         AR20130001922



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ABCMR Record of Proceedings (cont)                                         AR20130001922



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