IN THE CASE OF:	  

		BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130005707 


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 was assigned to an infantry company in Vietnam.  Although they were attached to a military police battalion, they conducted patrols and security.  He was on patrol on 8 May 1967 when two Soldiers from his company were killed by enemy fire.  They returned fire which is justification for award of the CIB.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and two pages from the Vietnam Veterans Memorial Virtual Wall web site.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no additional statement, argument, or evidence.

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 28 December 1965 and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) upon completion of initial entry training.

3.  His DA Form 20 shows in:

	a.  item 31 (Foreign Service), he arrived in Vietnam on 9 November 1966;

	b.  item 38 (Record of Assignments), he was assigned to Company C, 54th Infantry, in Vietnam;

	c.  item 38, he departed Vietnam on 31 October 1967; and

	d.  item 41 (Awards and Decorations), the CIB is not included as an authorized award.

4.  His available military records are void of orders or any other document that indicates he was recommended for or awarded the CIB.

5.  He was honorably released from active duty on 2 November 1967.  His DD Form 214 does not include the CIB as an authorized award.

6.  He provides two pages from the Vietnam Veterans Memorial Virtual Wall web page that show an individual assigned to the 54th Infantry was killed as a result of hostile action on 8 May 1967.

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the CIB has been carefully considered.

2.  The evidence shows he was awarded an infantry MOS and served with an infantry unit in Vietnam.  However, it does not sufficiently show he engaged in active ground combat while assigned to this unit.  In the absence of orders or any other documents indicating he was recommended for or awarded the CIB, the documentation provided which does not show he engaged in active ground combat is insufficient evidence on which to base award of the CIB.

3.  In view of 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)                                         AR20130005707



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ABCMR Record of Proceedings (cont)                                         AR20130005707



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