IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100007312 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) 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).

2.  The applicant states his military occupational specialty (MOS) was 11B2O (light weapons infantryman).  He spent 7 months and 3 days in Vietnam from 27 September 1971 to 29 April 1972 which is shown in item 30 (Remarks) of his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

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 in the Regular Army on 29 April 1971.  At the completion of basic combat and advanced individual training he was awarded MOS 11B.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 27 September 1971 to 29 April 1972 in MOS 11B as a rifleman and a security guard with the following units:

* Headquarters and Headquarters Company, 5th Transportation Company
* 544th Transportation Company
* 87th Transportation Company
* Headquarters and Headquarters Company, 277th Supply and Service Battalion
* Company D, 87th Infantry

4.  The applicant's DA Form 20 does not list the CIB in item 41 (Awards and Decorations).  His personnel records do not contain orders which show he was awarded the CIB.

5.  His DD Form 214 does not show the CIB as an authorized award.

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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded MOS 11B and served in this MOS while performing the duties of a rifleman and a security guard with a transportation company and infantry unit during his tour in Vietnam.

2.  Army Regulation 600-8-22 governing award of the CIB requires service in an infantry duty position in an infantry unit engaged in active ground combat with the enemy.  The applicant's service record does not contain sufficient evidence which shows he was engaged in actual active ground combat while assigned to an infantry unit in Vietnam.  Therefore, the applicant has not met all of the requirements for award of the CIB.

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)                                         AR20100007312



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ABCMR Record of Proceedings (cont)                                         AR20100007312



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