BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20150000475 


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 the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect:

	a.  he recently reconnected with members from his platoon and realizes he should have paid more attention to his DD Form 214 as it does not list his CIB;

	b.  he was awarded the CIB at a formation; and

	c.  it was a small thing long ago, but it is important for him to have the CIB added to his DD Form 214.

3.  The applicant provides a witness statement and two VA Forms 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD)).

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.  On 12 June 1968, the applicant was inducted into the Army of the United States.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 10 November 1968 to 10 November 1969.  On 
19 November 1969, he was assigned to Troop C, 1st Squadron, 1st Cavalry Regiment with the duties of rifleman.  Item 41 (Awards and Decorations) does not list the CIB.

4.  The applicant’s record does not include any documents or orders to show he was recommend for or awarded the CIB.

5.  On 11 June 1970, the applicant was released from active duty.  He completed 2 years of creditable active duty service of which 1 year and 1 month was foreign service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun (M60) and Rifle Bar (M-16)

6.  The applicant provides a witness statement from an individual who indicates he was assigned to Troop C, 1st Squadron, 1st Cavalry Regiment, sometime between November 1968 and November 1969 and provides details of specific events that occurred during combat in Vietnam.  He indicates: 

	a.  he was the applicant’s platoon leader from November 1968 to February 1969, at which time the applicant was assigned to Charlie 27, the infantry track, where one of his jobs was to run the mine sweeper;

	b.  the applicant’s new platoon leader had a nervous breakdown, within the first 30 days of his assignment, after he blundered into a large American mine killing his crew of four Soldiers leaving the applicant and his crew responsible for mine sweeping to get them out of that particular mine field;

	c.  he was the executive officer at that time and went back to replace the applicant’s platoon leader until a new lieutenant came in;

	d.  he also replaced their commanding officer and recalls the applicant being one of the old timers whom he could always depend on to keep the company together;

	e.  their unit was in several large battles during the applicant’s assignment and that he was never wounded in action was a fortunate accident of war;

	f.  the only reason the applicant did not receive any decorations for his bravery was because they never had enough officers or clerks to write up the awards because, as the acting commander, he took mechanics, cooks, and clerks and used them as combat troops; and

	g.  the applicant is a very brave man who performed his duties in a unit that fought the North Vietnamese Army and brought it to a standstill in 1968 and 1969.

7.  The applicant also provides two VA Forms 21-0781 in which he describes witnessing casualties during his service in Vietnam.  

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal an order for the CIB pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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.

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided the command's awards policy.  Appendix V provided guidance for award of the Combat Infantryman Badge (CIB) and stated that a rifle squad or cavalry platoon satisfied the infantry type unit of regimental size or smaller requirement for award of the CIB.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, he was awarded the CIB, it was omitted from his DD Form 214, and should be added at this time.  However, there is insufficient evidence to support this claim.

2.  The evidence of record clearly shows the applicant was assigned as an infantryman with an infantry company.  However, there is insufficient evidence showing he engaged the enemy in active ground combat.

3.  Notwithstanding the information reflected in the witness statements provided by the applicant, there are no available official documents to corroborate his claim that he participated in ground combat against the enemy in Vietnam.  Accordingly, the available evidence is an insufficient basis upon which to grant the requested relief in this case.

4.  In view of the above, the applicant's request should be denied.

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)                                         AR20150000475



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ABCMR Record of Proceedings (cont)                                         AR20150000475



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