BOARD DATE:	  14 July 2015

		DOCKET NUMBER:  AR20140017794 


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 records to show he was awarded the Combat Infantryman Badge (CIB).

2.  The applicant states he was in the 52nd Security Detachment which was attached to an aviation battalion, but also the 4th Infantry.  They pulled security duty for the 52nd Aviation Battalion, which included running patrols, pulling guard duty, providing security for convoys going to Pleiku, setting up perimeters with concertina wire, Claymores, and anti-personnel mines.  They were assigned to the 4th Infantry so they could get the CIB.  They performed all of the duties of any infantry group.  They were hit a lot with rockets, 122 gas, and air bursts on the convoy runs and almost always received small arms fire.  He served as the explosive ordnance guy for the last few months which involved going out and getting unexploded ordnance and their own munitions and blowing them up.  He has enclosed photographs of the hangar that "zappers" or suicide bombers blew up with at least two helicopters inside; there wasn't much left.  He was stationed at Kontum when the hangar was blown up.  When he got to Fort Lewis, Washington, he was given the CIB and infantry rope.  His records have been lost and the only copies he has are of before he left Vietnam, which does not include him receiving the CIB in Washington.

3.  The applicant provides a self-authored statement, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and two photographs.


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 record shows he enlisted in the Regular Army on 3 September 1968.  He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Light Weapon Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.  He was released from active duty on 9 April 1970 at Fort Lewis, Washington, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 7 months, and 7 days of net active service during this period.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 4 February 1969 to 9 April 1970.

4.  Headquarters, U.S. Army-Vietnam Transient Detachment, Special Orders Number 36, dated 5 February 1969, show the applicant was reassigned from the Transient Detachment to Headquarters and Headquarters Company, 17th Aviation Group effective 16 February 1969.

5.  Headquarters, 52nd Aviation Battalion Number 42, dated 11 February 1969, show that having been assigned to that unit, the applicant was further assigned to the 52nd Security Detachment effective 11 February 1969.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was assigned to the 52nd Security Detachment for duty in MOS 11B as a Rifleman.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the CIB.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the CIB.

9.  There is no evidence in the available record which shows the applicant was ever1 either recommended for or awarded the CIB.

10.  There is no evidence in the available record which shows the applicant was personally present and participated with a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.

11.  The applicant provides to photographs depicting what appears to be the wreckage of a metal building and the tail section of a helicopter.

12.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show he was awarded the CIB were carefully considered.

2.  The applicant's OMPF is void of any orders or other documents indicating he was recommended for or awarded the CIB by proper authority while serving on active duty.

3.  By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS, while assigned to an infantry unit, but the individual must have been present and participated with the unit while it was engaged in active ground combat with enemy forces.

4.  Although the evidence of record shows the applicant served in an infantry MOS while assigned to an infantry position during his tour of duty in the Republic of Vietnam, his record is devoid of any evidence that shows he was personally present and participated with the unit while it was engaged in active ground combat with enemy forces.  Accordingly, the available evidence does not support award of the CIB.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  __X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20140017794





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ABCMR Record of Proceedings (cont)                                         AR20140017794



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