IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140009571
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 that he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states that he served in Vietnam from 1967 to 1968 and was stationed at the Military Assistance Command Vietnam (MACV) compound in the city of Hue during the TET Offensive of 1968 which was under attack for 26 days. At the end of the 26th day, the only area held by friendly forces was the MACV Compound and the 1st Army of the Republic of Vietnam (ARVN) Infantry Division Headquarters. He believes the Battle of Hue was so intense and in order to survive they had to put up a hell of a fight at the time; therefore, he should receive the CIB.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and two certificates received for his participation in the Battle of Hue.
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 2 December 1966 for a period of 3 years. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a radio operator (O5B) at Fort Knox, Kentucky before being transferred to Vietnam on 14 August 1967 for assignment to the MACV I Corps, Advisory Team 4 for duty as a radio operator. On 28 September 1967, he was assigned to IV Corps, Advisory Team 65 as a radio operator.
3. He participated in four campaigns (including the TET Counteroffensive) and departed Vietnam on 13 August 1968 for assignment to Fort Stewart, Georgia where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, and the Vietnam Campaign Medal.
4. The two certificates provided by the applicant are pre-printed certificates that do not specifically address the applicants role in the Battle of Hue. Additionally, there is no evidence in the available records to show that he actually engaged the enemy in combat.
5. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
6. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge. Appendix 3 to Annex A of this regulation listed advisor positions which qualified for award of the Combat Infantryman Badge. The regulation authorized award of the Combat Infantryman Badge to radio/telephone operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been carefully considered and while there were provisions for awarding the radio operator of an advisory team the CIB, the individual concerned still had to meet the criteria for award of the CIB.
2. A review of the available evidence failed to show that the applicant, while serving on an advisory team as a radio operator, actually engaged the enemy in combat as would an infantryman in order to qualify for the CIB. The assignment to an advisory team alone does not qualify individuals for an automatic award of the CIB.
3. Therefore, in the absence of such evidence, there appears to be no basis to award him the CIB at this time.
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) AR20140009571
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ABCMR Record of Proceedings (cont) AR20140009571
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