IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010311 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010311 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010311 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, in effect, correction 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 there was a lot of confusion as their unit stood down. Even though orders were cut and they received the proper badges and ribbons, somehow the information was not entered on their DD Forms 214. 3. He provides an affidavit and statements from two comrades in support of his request for award of the CIB. 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 30 March 1971. After completing basic combat and advanced individual training, he was awarded military occupational specialty 11B (Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 21 August 1971 to 22 March 1972, and he was assigned to B Troop, 1st Squadron, 1st Cavalry Regiment. Item 41 (Awards and Decorations) of this form does not show award of the CIB. 4. His military service records do not contain orders awarding him the CIB. 5. The Army honorably released him from active duty on 29 March 1973 and credited him with completing 2 years of active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons) of his DD Form 214 does not show award of the CIB. 6. The applicant explains in a self-authored affidavit, in effect, that: a. He served in the field with his unit and later became the company clerk for B Troop, 1st Squadron, 1st Cavalry Regiment, 196th Infantry Brigade. He states his commander led B Troop on multiple combat missions during his service in the RVN. They went out on ground to air missions as grunts and served as foot Soldiers and as mechanized infantry Soldiers on numerous occasions. The applicant states: b. His captain had him type the orders to get the proper awards and medals for everyone and they all left Falkner, DaNang, Vietnam with the proper awards, medal, and ribbons on their uniform. c. About 2 years ago he connected with six members of his Vietnam unit and as a result of comparing notes they realized the orders for the CIB were not processed properly and the CIB is not reflected on their DD Forms 214. He believes this may have occurred because of the last minute decision to stand down and the scramble that occurred to send so many of them home at once. 7. The second affidavit was from a comrade who stated, in effect, he served with the applicant and three other Soldiers whose names he listed on the affidavit. This comrade stated they were all sent home wearing the CIB. During their service in the RVN, they engaged in combat with the Viet Cong and the North Vietnamese on multiple occasions. His DD Form 214 shows award of the CIB. He states it is obvious to him that the others would have also earned the CIB; therefore, he believes an oversight occurred. 8. The applicant provided a statement of support from a second comrade who stated, in effect, he has been in contact with five buddies who served with him in the RVN between 1971 and 1972. During the past year, they discovered four of the five buddies did not have the CIB listed on their DD Forms 214 even though orders were cut for them to receive it. This comrade requests correction of all of their DD Forms 214 to show award of the CIB. Additionally, he states the applicant was the company clerk and he remembers being ordered to cut orders awarding all of them the CIB. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states there are three requirements for award of the CIB. 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. DISCUSSION: 1. The applicant provided two affidavits of support from comrades who indicate they have knowledge of the applicant engaging in combat. However, his record does not contain any orders, or any other evidence to show he was personally present and engaged in active ground combat with the enemy. 2. The statements he provided do not fulfill the regulatory requirement for award of the CIB on their own. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010311 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010311 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2