IN THE CASE OF:	  

		BOARD DATE:	 14 May 2015 

		DOCKET NUMBER:  AR20140016544  


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, in effect, award of the Combat Infantryman Badge (CIB).  

2.  The applicant states, in effect, that he earned the CIB but it was not awarded for his actions as an 11B (Infantryman) in the Republic of Vietnam in 1969.  He was assigned to Company D, 2nd Battalion, 3rd Infantry Regiment, 199th Light Infantry Brigade, from 9 April 1969 to 20 June 1969.  

3.  The applicant provides the following:

* a two-page authored letter
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 June 1969
* DD Form 214 for the period ending 23 May 1972
* three pages of photocopied photographs
* eleven pages of correspondence back home during his time in the Republic of 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 enlisted into the Regular Army on 1 October 1968 and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) upon the completion of his initial entry training.  He was discharged on 20 June 1969 and immediately reenlisted for 3 years for MOS 84G (Photographic Laboratory Specialist) effective 21 June 1969.  The highest rank/grade he attained during his period of military service was specialist five (SP5)/E-5.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), he served in Vietnam from 3 April 1969 to       23 October 1970; 

	b.  item 38 (Record of Assignments), he was assigned to:

		(1)  Company D, 2nd Battalion, 3d Infantry Regiment, 199th Light Infantry Brigade, from on or about 21 April 1969 through on or about 24 June 1969;

		(2)  the 245th Surveillance Airplane Company, from on or about 25 June 1969 through on or about 24 May 1970; 

		(3)  the 519th Military Intelligence Battalion, from on or about 25 May 1970 through on or about 24 July 1970; and

		(4)  the 45th Military Intelligence Company, from on or about 25 July 1970 through on or about 23 October 1970.

	c.  item 41 (Awards and Decorations), the CIB is not included as an authorized award.

4.  He was honorably released from active duty on 23 May 1972 and transferred to the U.S. Army Reserve.  He completed 3 years, 7 months, and 23 days of total active service and 1 year, 6 months, and 21 days of foreign service.  His DD Form 214 does not show he was awarded the CIB.

5.  His available records are void of orders or any other document that indicates he was awarded the CIB.
6.  He provided a two-page self-authored letter that, in effect, states the following:

* he had a change of MOS on 20 June 1969; which occurred about the same time the CIB should have been awarded by Company D, 2nd Battalion, 3rd Infantry Regiment, 199th Light Infantry Brigade
* he satisfactorily performed his duties as an infantryman
* he was assigned to an infantry unit that was assigned to protect the southern border of Saigon
* he spent 72 days in active combat, less about five days in the evacuation hospital for heat exhaustion/stroke
* was point man for his squad, platoon and company for no less than 50 percent of the time on patrols
* most of the injuries sustained to Soldiers during his time occurred from booby traps
* participated in nightly ambush patrols

7.  He also provided 12 photographs taken with fellow Soldiers during his period of service in the Republic of Vietnam, and several letters home that discuss personal issues and his military duties. 

8.  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 that is maintained by the U.S. Army Human Resources Command, failed to reveal any orders that show he was awarded the CIB.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It provides that the CIB is awarded to infantry officers, warrant officers, and enlisted Soldiers, possessing an infantry military occupational specialty, who actively participated in ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to award of the Combat Infantryman Badge (CIB) was carefully considered.  

2.  His available record does not contain orders or any other documents that indicate he was awarded the CIB.  He was awarded an infantry MOS and he served with an infantry unit during his initial period of service in the Republic of Vietnam; however, the available evidence does not sufficiently corroborate his engagement with the enemy in active ground combat while assigned to an infantry unit.  
3.  He provides photographs and letters to family members that document some of his experiences in the Republic of Vietnam.  However, neither the photographs nor the letters specifically corroborate his engagement with the enemy in active ground combat.  Therefore, the photographs and letters do not provide sufficient evidence on which to base award of the CIB.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20130021248



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ABCMR Record of Proceedings (cont)                                         AR20140016544



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