IN THE CASE OF:	  

		BOARD DATE:	  19 June 2012

		DOCKET NUMBER:  AR20110024765 


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 did not receive the CIB and it is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* the men in his squad at the time all have the CIB listed on their DD Forms 214
* he fought in the same battles they fought in
* maybe it is a clerical error
* he was awarded the Bronze Star Medal and Air Medal
* a newspaper article indicates he "holds" the CIB

3.  The applicant provides:

* newspaper article
* Bronze Star Medal orders
* Air Medal Citation
* DD Form 214

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 25 February 1969.  He completed his training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He was assigned to Companies B 
and D, 2nd Battalion, 506th Infantry, 101st Airborne Division, in Vietnam in MOS 11B from 18 January 1970 to 10 July 1970.  He was assigned to the 101st Administrative Company in Vietnam in MOS 11B from 11 July 1970 to 28 November 1970.  On 29 November 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  His DD Form 214 does not show the CIB as an authorized award.

4.  There are no orders for the CIB in the available records.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the CIB.

6.  He provides a newspaper article which states he "holds" the CIB.

7.  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.

8.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and 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."  This regulation also stated the CIB was authorized for award to officers, enlisted personnel, and warrant officers who held an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows he held an infantry MOS and served in an infantry MOS while assigned to infantry companies during his assignment in Vietnam.  However, there are no orders for the CIB pertaining to the applicant.

2.  There is no evidence of record that shows he served in active ground combat while assigned to an infantry unit of brigade or smaller size as required by the governing regulation.

3.  The newspaper article or the fact that fellow Soldiers received the CIB is not sufficient evidence as a basis for award of the CIB.

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)                                         AR20110024765



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ABCMR Record of Proceedings (cont)                                         AR20110024765



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