IN THE CASE OF:	

		BOARD DATE:	  13 September

		DOCKET NUMBER:  AR20130004100 


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 add the Combat Infantryman Badge (CIB).

2.  The applicant states he served as a pathfinder with Detachment II in military occupational specialty (MOS) 11B (Pathfinder) from 22 December 1967 to 11 June 1968.

3.  The applicant provides copies of:

* His DD Form 214
* Orders from the U.S. Army Reserve dated 21 March 1973
* Orders assigning him to the 121st Aviation Company, dated 4 June 1968
* DA Form 20 (Enlisted Qualification Record)
* A 10-page self-authored letter 
* Information on Pathfinders
* A picture of himself as a Pathfinder in the Republic of Vietnam (RVN)

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 enlisted in the Regular Army on 24 April 1967 for a period of
3 years.  He completed basic and advanced individual training and was awarded MOS 11B (Light Weapons Infantryman).  In 1969, he was awarded MOS 67A1F (Aircraft Maintenance Crewman)) as his primary MOS and 11B was made his secondary MOS.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he served in the RVN in the following principal duties:

* 22 December 1967 through 10 June 1968 with the Pathfinders Detachment II, in duty MOS 11B as a pathfinder
* 11 June 1968 through 9 June 1969 with the 121st Assault Helicopter Company and the 121st Aviation Company (Airmobile) in duty MOS 67A1F as a door gunner

4.  On 23 March 1970, he was released from active duty with an honorable discharge after completing 2 years and 11 months of total active service.  His DD Form 214 shows he was awarded or authorized the following awards:

* Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars (M-14, M-16, and M-60)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewmember Badge
* Parachutist Badge

5.  There is no evidence of record and he did not provide any evidence that shows orders were issued awarding him the CIB.

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the CIB.

7.  The applicant provides a 10-page self-authored letter which describes his service in the RVN.  He also provides documents from his Army Military Human Resources Record (AMHRR), which show he served in an Infantry MOS, 11B, or was attached to an infantry unit. 

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

9.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that 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 infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty 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.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The applicant's sincerity and service in the RVN in an infantry MOS is not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was engaged in active ground combat with the enemy.

3.  In the absence of orders or substantiating evidence in the form of an after action report, operations orders, valor award citing a specific action, declassified mission reports, or other documentary evidence corroborating the ground combat he was involved in, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20130004100



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ABCMR Record of Proceedings (cont)                                         AR20130004100



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