IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100011852 


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 award of the Combat Infantryman Badge (CIB).

2.  The applicant provides no additional documents in support of his application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel states, "[Veteran] served infantry in Vietnam and was engaged…The veteran is entitled to this award."

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 into the Army of the United States on 11 February 1966.  He completed infantry training and was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman).

3.  He served in Vietnam from 9 November 1966 to 21 November 1967 with Company D, 58th Infantry, and performed duties in duty MOS 11B (light weapons infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) 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.  The applicant was released from active duty on 22 November 1967.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show entitlement to the CIB.

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 completed infantry training and was awarded MOS 11C.  He performed duties in MOS 11B with Company D, 58th Infantry, during his tour of duty 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 that shows he was engaged in actual ground combat while assigned to an infantry unit in Vietnam.

3.  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)                                         AR20100011852



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ABCMR Record of Proceedings (cont)                                         AR20100011852



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