BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140004612
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, that regulatory guidance provides numerous exceptions concerning the award of the CIB to "branch other than infantry" Soldiers assigned to the Republic of Vietnam (RVN). In a letter dated 12 November 2009, the Department of Veteran Affairs verified, accepted as a combat stressor, and declared that he is qualified for the award of the CIB, as he "performed every single function of an infantryman." This document is cited for inclusion but was not found with his application.
3. The applicant provides a witness statement and an extract from Army Regulation 600-8-22 (Military Awards).
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. His records show he enlisted in the Regular Army on 7 March 1967 and he was awarded military occupational specialty 36C (lineman) upon completion of training.
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. He served in the RVN from 17 December 1967 to 9 December 1968.
b. During his tour of duty in the RVN he performed the duties of a cannoneer while assigned to:
* Battery C, 1st Howitzer Battalion, 321st Artillery Regiment
* Battery C, 2nd Battalion (Airborne) 320th Artillery Regiment
* Headquarters and Headquarters Battery (HHB), 2nd Battalion (Airborne), 320th Artillery Regiment
c. Item 41 (Awards and Decorations) does not show award of the CIB.
4. He was honorably released from active duty on 6 March 1970.
5. There are no official orders in his records that show he was awarded the CIB. Additionally, there is no record of assignment as a military advisor/liaison.
6. He provides a witness statement from Colonel JMH, platoon leader/executive officer/commander, HHB, 2nd Battalion, 320th Artillery Regiment in the RVN. The witness states the applicant served as a fire direction specialist coordinating artillery fire support to platoons in direct contact with enemy units. In one instance, the applicant was within three feet of the commander when he was killed by enemy fire. His performance was extremely noteworthy, courageous, and totally professional. The applicant was present when the unit was receiving hostile small arms, mortar, and artillery fire. Within the provisions of the regulations, the witness supports the applicant's request for award of the CIB.
7. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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.
8. Army Regulation 600-8-22 (Military Awards) provides special provisions for the award of the CIB to non-infantry advisors assigned to the Military Assistance Command, Vietnam and for infantry Soldiers assigned to cavalry units.
DISCUSSION AND CONCLUSIONS:
Although the exigencies of combat may require non-infantry Soldiers to perform the basic infantry duties that all Soldiers are taught, this is not a basis for award of the CIB. The record shows that he served as a cannoneer in artillery batteries during his service in Vietnam. He did not serve in an infantry MOS nor did he serve in a category authorized special exception of this requirement; therefore, he is not eligible for 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 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) AR20140004612
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