IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100030034 


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.

2.  The applicant states his DD Form 214 does not reflect that he was awarded the CIB.

3.  The applicant provides no additional documents.

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 on 5 April 1968, and he enlisted in the Regular Army on 11 April 1968.  He was trained in and awarded military occupational specialty (MOS) 05C (Radio Teletype Operator).

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 26 May 1969 to 17 April 1970.  Item 38 (Record of Assignments) shows he served in MOS 05C as a radio teletype operator with Headquarters and Headquarters Detachment, 173rd Support Battalion, 173rd Airborne Brigade during his RVN tour.

4.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not list the CIB.  HIs Official Military Personnel File (OMPF) is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.

5.  On 9 April 1971, the applicant was honorably released from active duty having completed 3 years and 5 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the CIB.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 8-6 of the awards regulation contains the criteria for awarding the CIB. It states, in pertinent part, that there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. 

7.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge.  The regulation authorized award of the CIB to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

DISCUSSION AND CONCLUSIONS:

By regulation, there are three basic requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties or a radio operator accompanying infantry units on tactical operations, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, 

and must actively participate in such ground combat.  The evidence of record confirms the applicant did not meet the specified criteria for the award of the CIB. Therefore, there is no basis for granting the applicant's requested relief.

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)                                         AR20100030034



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ABCMR Record of Proceedings (cont)                                         AR20100030034



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