IN THE CASE OF:
BOARD DATE: 17 March 2014
DOCKET NUMBER: AR20140012994
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB) for his service in Vietnam.
2. The applicant states:
a. he served in Vietnam performing duties as a Pathfinder with the 13th Aviation Battalion and served as an advisor to the 25th Division, Army of the Republic of Vietnam (ARVN).
b. during his period of service in Vietnam he was involved in several firefights and did perform the duties required of an infantryman under fire while serving as an advisor to the ARVN.
c. he believes that it was because of his U.S. Army unit of assignment that he was denied the CIB even though his assigned duty military occupation specialty (MOS) was that of an 11B (Light Weapons Infantryman).
d. he performed duties with an allied infantry unit that would have qualified him [for award of the CIB] had it been a U.S. unit.
3. The applicant provides his DD Form 214.
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 records show he was inducted into the Army of the United States on 28 February 1969. After completing basic and advanced individual training he was awarded MOS 11B. He served in Vietnam from 8 October 1969 to 8 October 1970.
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
a. item 38 (Record of Assignments), while serving in Vietnam he was assigned to Headquarters and Headquarters Company, 13th Aviation Battalion (Combat) performing duties as an 11B Pathfinder from 17 October 1969 until his departure.
b. item 41 (Awards and Decorations), no entry for the CIB.
4. On 9 October 1970, the applicant was honorably released from active duty. He had completed 1 year, 7 months, and 12 days of active military service. The DD Form 214 he was issued does not show he was awarded the CIB.
5. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the CIB pertaining to the applicant.
6. 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. Advisors assigned to duty in Vietnam with ARVN infantry-type units could be awarded the CIB provided all other criteria were met.
DISCUSSION AND CONCLUSIONS:
By regulation, in order to support award of the CIB there must be evidence not only that a member held and served in an infantry MOS while assigned to a qualifying infantry unit but also that the member was personally present and participated with his qualifying infantry unit while the unit engaged in active ground combat with enemy forces. The applicant was assigned to an aviation unit and there is no evidence that he participated in active ground combat with enemy forces as an adviser with an ARVN infantry-type unit. As such, he did not meet the minimum criteria for award of the CIB. Therefore, there is no basis for granting his request.
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) AR20140012994
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ABCMR Record of Proceedings (cont) AR20140012994
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