BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130011409
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, in effect, the CIB eligibility criteria for advisors apply to him. However, he never received the award.
3. The applicant provides:
* letter from an elected representative to the Secretary of Defense, dated 20 October 1997
* four selected pages from Army Regulation 600-8-22 (Military Awards), dated 11 December 2006
* Letter of Commendation, dated 1 January 1967, with first and second endorsements
* copy of a photograph taken at a Vietnamese special forces camp
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
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. On 1 June 1965, he was inducted into the Army of the United States. He was awarded primary military occupational specialty (MOS) 36K (Wireman) and secondary MOS 36C (Lineman). The highest rank/grade he held was specialist four/E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he served as a wireman and switchboard operator while assigned to Headquarters and Headquarters Battery, 2nd Howitzer Battalion, 13th Artillery, during the period 10 March 1966 to 3 March 1967.
4. On 7 March 1967, he was honorably released from active duty as an early overseas returnee. He completed 1 year, 9 months, and 7 days of creditable active service. His DD Form 214 does not show the CIB.
5. He submits a Letter of Commendation showing he was commended for his efforts as part of a team in coordinating and planning field artillery fires.
6. His record is void of any orders or other documents that indicate he was recommended for or awarded the CIB by the proper authority.
7. Army Regulation 600-8-22 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 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.
8. Army Regulation 600-8-22 further states that during the Vietnam Conflict, subsequent to 1 March 1961, any officer, warrant officer, or enlisted Soldier whose branch was other than Infantry will be eligible for award of the CIB provided all the below listed requirements have been met:
a. Assigned as advisor to an Infantry unit, Ranger unit, Infantry-type unit of the civil guard of regimental or smaller size, and/or Infantry-type unit of the self-defense corps unit of regimental or smaller size of the Vietnamese government during any period such unit was engaged in actual ground combat.
b. Assigned as advisor of an irregular force comparable to the above Infantry units under similar conditions.
c. Personally present and under fire while serving in an assigned primary duty as a member of a tactical advisory team while the unit participated in ground combat.
DISCUSSION AND CONCLUSIONS:
His record shows he served in a field artillery unit in Vietnam in the non-infantry positions of wireman and lineman. Though he contends he performed advisor duties during that time, there is no evidence he was assigned as an advisor to an infantry or infantry-type unit. Therefore, absent evidence of record to show he served in a qualifying MOS in active ground combat while he was assigned to or attached to an infantry or infantry-type unit in Vietnam, there is an insufficient basis for awarding him the CIB and adding this badge 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) AR20130011409
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ABCMR Record of Proceedings (cont) AR20130011409
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