IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110006208 


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) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  He states his DD Form 214 should show a CIB award in Item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized).  During the time he served in Vietnam, they were under mortar and small arms fire on several occasions protecting the helipad.  He believes he earned the CIB.  He had a lot of problems after returning from Vietnam that were not taken care of properly after being under fire.

3.  He provides:

* his DD Form 214
* a Change of Name Order, dated 26 May 1988
* a letter from the Army Board for Correction of Military Records (ABCMR), dated 15 February 2011, requesting documentation showing his legal name

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 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 30 June 1966.  He completed training and he was awarded military occupational specialty (MOS) 36K (Field Wireman).  He served in Vietnam from 12 December 1966 to 2 February 1967 while assigned to Headquarters and Headquarters Company, 2nd Battalion,
5th Calvary, 1st Calvary Division (Airmobile).

3.  He was discharged on 7 December 1968 with a general discharge in the rank/grade of private (PV1)/E-1.  He completed 1 year, 4 months, and 8 days of total active service with 395 day of time lost.

4.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the CIB.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the CIB.

5.  There is no evidence of record that shows he participated in active ground combat during his period of service in Vietnam.  There are no orders in his records awarding him the CIB.

6.  Army Regulation 600-8-22 (Military Awards) states there are basically 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.  

7.  U.S. Army Vietnam Regulation 672-1 (Awards) governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the CIB, the evidence must show that an individual held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size, and must have actively participated in active ground combat while assigned or attached to this infantry unit.

2.  The evidence of record shows he held and served in MOS 36K during his period of service in Vietnam.  There is no evidence of record and he did not provide any evidence that confirms he held in an infantry MOS during this period of service.

3.  The CIB is not automatically awarded to a Soldier for being shot at or for undergoing the hazards of day-to-day combat.  Therefore, lacking sufficient evidence as required by the governing regulation there is an insufficient evidentiary basis for awarding him the CIB or adding it to his DD Form 214.

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)                                         AR20110006208



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ABCMR Record of Proceedings (cont)                                         AR20110006208



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