IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140016549
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 was an infantry officer who served in Vietnam from 2 November 1968 to 18 September 1969 as the Commander of the 34th Public Information Detachment.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and statements from two of his fellow officers in Vietnam along with their DD Forms 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 was inducted on 23 November 1966. He completed his basic training at Fort Benning, Georgia and his advanced individual training as a light weapons infantryman at Fort Dix, New Jersey before being transferred to Fort Benning to attend Infantry Officer Candidate School (OCS).
3. On 25 October 1967, he was honorably discharged to accept a commission. He had served 11 months and 4 days of active service.
4. On 26 October 1967, he was commissioned as a U.S. Army Reserve (USAR) infantry second lieutenant and was transferred to Fort Irwin, California where he served as an assistant hospital commander until 27 June 1968 when he was transferred to Fort Benjamin Harrison, Indiana to attend the Defense Information School (DINFOS).
5. He was transferred to Vietnam on 30 September 1968 and was assigned to the 34th Public Information Detachment, 101st Airborne Division as the detachment commander. He was promoted to the rank of first lieutenant on
26 October 1968.
6. He departed Vietnam on 19 September 1969 where he was honorably released from active duty (REFRAD) on 22 September 1969. He had served
2 years, 10 months, and 27 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, and Bronze Star Medal.
7. A review of the available records failed to reveal orders awarding him the CIB. However, his records do show that he was serving in specialty of 5505 (Information Officer) while assigned to Vietnam. His Officer Efficiency Report for that period also confirms that he served as an information officer and detachment commander of the 34th Public Information Detachment.
8. The two letters submitted by the applicant with his application are from two officers who attest that the applicant engaged the enemy with their units in Vietnam.
9. All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises. The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of 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 military occupational specialty. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he engaged the enemy in combat is not in doubt, there is insufficient evidence to show that he was assigned or attached to an infantry unit when such engagements occurred.
2. Although the supporting statements confirm the applicant accompanied infantry units that encountered enemy contact, the applicant was serving as an information officer in an information detachment.
3. Therefore, lacking evidence to show that he was assigned or attached to an infantry unit when he engaged enemy troops, there appears to be no basis to grant 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) AR20140016549
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ABCMR Record of Proceedings (cont) AR20140016549
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