BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100012104


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 states he was an infantryman and he served in combat in Vietnam.  He performed duties as a LRRP (Long Range Reconnaissance Patrol) team member, and as a sniper.  He was in contact with the enemy at least 6 times.

3.  The applicant provides no additional evidence.

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 21 March 1969 for 2 years.  Following basic combat and advanced individual training at Fort Dix, NJ, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and he was sent to Vietnam.

3.  The applicant served with the 4th Infantry Division in Vietnam, first with Company A, 1st Battalion, 22nd Infantry, then with Company H, 75th Infantry.  He attended Sniper School and Recondo School.  His DA Form 20 (Enlisted Qualification Record) shows he served as a rifleman, observer, and infantry team leader from 5 September 1969 to 4 September 1970.

4.  A search of all available records reveals no proof the applicant was ever awarded the CIB:

* there are no orders in his records awarding him the CIB
* Item 41 (Awards) of his DA Form 20 does not show the CIB
* Item 40 (Wounds) on his DA Form 20 is blank
* there are no medical records showing he was wounded in action
* there are no personal decorations for valor in combat

5.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he deserves the CIB because he had a combat MOS, he was in Vietnam, and he was in contact with the enemy at least 6 times.

2.  There is no question the applicant was an infantryman assigned to infantry units during his service in Vietnam; however, award of the CIB specifically requires service in active ground combat while holding an infantry MOS in an infantry unit.  There is no evidence of record, and the applicant has provided no evidence, to show he served in active ground combat.

3.  In view of the foregoing, there is insufficient evidence to base award of the CIB in this case.


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)                                         AR20100012104



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ABCMR Record of Proceedings (cont)                                         AR20100012104



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