IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140010100
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 it has become more important to him to correct his records as he has gotten older. He volunteered for missions with the 5th Special Forces Group (Airborne) while serving in Vietnam in December 1963 and July 1964 and provided all the pertinent documentation he has in his possession.
3. The applicant provides:
* Headquarters, U.S. Army Support Command Vietnam, Letter Orders Number T-575, dated 13 August 1964
* email traffic with National Personnel Record Center, Customer Service Representative
* certificate for non-availability of quarters and rations, dated 20 February 1964
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. He enlisted in the Regular Army on 31 January 1963 for a period of 3 years. He was trained in and awarded military occupational specialty (MOS) 72B (Communications Center Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 24 August 1963 through 19 September 1964. He was assigned to Headquarters Detachment, 5th Special Forces Group, and performed communications center specialist duties in his MOS.
4. The applicant provided Headquarters, U.S. Army Support Command Vietnam, Letter Orders Number T-575, dated 13 August 1964, placing him on temporary duty (TDY) for approximately 10 days effective on or about 5 July 1964. The stated purpose of the TDY was to serve as a radio/cryptographic operator on patrol operations with Special Forces Detachment A under III Corps in the vicinity of Loc Ninh, Vietnam.
5. He also provided a certificate for non-availability of quarters and rations from the Commander, A-132B, dated 20 February 1964, certifying that he participated in a patrol during the period 7 through 10 February 1964 in the Quanh-N?nh Province, Vietnam.
6. His records are void of evidence showing he served in active ground combat during either assignment or attachment.
7. Item 41 (Awards and Decorations) of his DA Form 20 does not include the CIB.
8. On 17 January 1966, he was honorably released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the CIB.
9. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding the applicant the CIB.
10. 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.
11. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) further provided for award of the CIB. Appendix 3 to annex A listed additional positions which qualified for award of the CIB. This regulation authorized award of the CIB to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.
DISCUSSION AND CONCLUSIONS:
1. The CIB was generally awarded to infantry officers and to enlisted and warrant officer personnel who held an infantry MOS. They must also have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
2. U.S. Army Vietnam Regulation 672-1 made additional provisions for award of the CIB to personnel serving as a radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations. The applicant's records show he performed TDY as a radio/cryptographic operator in a Special Forces detachment, but there is no evidence showing he was on an 05B.
3. In view of the foregoing, he is not entitled to 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 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) AR20140010100
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ABCMR Record of Proceedings (cont) AR20140010100
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