IN THE CASE OF:	  

		BOARD DATE:	  1 March 2012

		DOCKET NUMBER:  AR20110018493 


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, to be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states he was assigned to an infantry unit as a tactical communications chief and was under constant enemy fire during the period September 1967 to September 1968.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Department of Veterans Affairs (VA) Rating Decision.

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 27 October 1966.  Upon completion of initial entry training he was awarded military occupational specialty (MOS) 36K (Field Wireman).

3.  Reassignment orders indicate he arrived in Vietnam on or around 4 September 1967.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Records) shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 35th Infantry, while in Vietnam and he departed Vietnam on 31 August 1968.  The CIB is not included in item 41 (Awards and Decorations) of his DA Form 20.

5.  His official military personnel file is void of orders or any other document that indicates he was recommended for or awarded the CIB.

6.  He was honorably released from active duty on 1 September 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the CIB.

7.  He provides a VA Rating Decision that shows he was granted service-connected disability compensation for post-traumatic stress disorder.

8.  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 (USARV) 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.

9.  USARV Regulation 672-1 also stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was 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.  The applicant's contention that he is entitled to the CIB has been carefully reviewed.

2.  The evidence shows he served in an infantry unit in Vietnam.  His contention that he was under constant enemy fire was noted; however, the available evidence shows he did not hold an infantry MOS.  Therefore, he is not authorized the CIB.

3.  Based on the foregoing, there is no basis to grant the 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 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)                                         AR20110018493



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ABCMR Record of Proceedings (cont)                                         AR20110018493



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