BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140003274
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:
a. Upon arriving at An Khe, Vietnam with the 1st Cavalry Division, he was put on green line duty for 3 weeks. At that time, he was told that after 2 weeks he would be eligible for the CIB. It did not seem important to him at the time so he never requested the CIB.
b. In addition to his regular duties working on helicopter turbine engines, he was required to do green line and flight line guard duty.
c. During his time at An Khe, his unit received sniper and mortar attacks. Additionally, during helicopter maintenance he would fly in the helicopters to check them for vibrations in the turbines and several times he received ground fire, which caused structural damage to the helicopters.
d. He also volunteered for several search and destroy missions in hills and valleys around An Khe.
e. He is proud to have served his country, but for 45 years he never joined any veterans' functions. A couple of years ago he became friends with someone who also served in the cavalry and he started attending veterans' parades and other functions. He is very proud to wear his uniform and he would like to have the CIB.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of a newspaper article, and several photographs depicting elements of his service in Vietnam.
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's military records are not available for review. His records were requested from the repository in St. Louis, MO, but without success. This case is being considered based of the evidence he provided.
3. His DD Form 214 shows:
a. He was inducted into the Army of the United Sates on 5 April 1966 and he served in military occupational specialty 68B (Aircraft Engineer Mechanic).
b. He served 1 year of foreign service in the U.S. Army Pacific theater of operations.
c. The CIB is not included as an authorized award.
d. He was honorably released from active duty on 29 January 1968.
4. He provided a copy of a newspaper article that describes enemy mortar attacks sustained by the 1st Cavalry Division (Airmobile), and several photographs described by the applicant as photographs taken during search and destroy missions and green line duty.
5. 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 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.
DISCUSSION AND CONCLUSIONS:
1. To be entitled to award of the CIB, the evidence must show that an individual held and served in an infantry MOS, while assigned or attached to an infantry unit of brigade, regimental, or smaller size, and must have served in active ground combat while assigned or attached to such an infantry unit.
2. His contention that he engaged in active ground combat and that his unit encountered several small arms and mortar attacks is not in doubt; however, he did not hold an infantry MOS. Therefore, he is not authorized the CIB.
3. Based on the foregoing, there is no basis to grant the 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) AR20140003274
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ABCMR Record of Proceedings (cont) AR20140003274
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