IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009267 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009267 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. IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009267 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 believes he qualifies for the CIB because he served in a combat zone for a year and was involved in several firefights. Other members of his unit were awarded the CIB. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), two witness account statements dated 14 August 2014 and 6 May 2015, and a self-authored statement dated 27 May 2015. 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 16 March 1970. After completing his initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), he served in the Republic of Vietnam from 14 August 1970 to 12 August 1971; b. item 38 (Record of Assignments), he was assigned to Company B, 1st Battalion, 46th Infantry Regiment, 196th Infantry Brigade, 23rd Infantry Division while in Vietnam; c. item 41 (Awards and Decorations), the CIB is not included as an authorized award. 4. His available records are void of orders or other documentation that indicates he was recommended for or awarded the CIB. 5. He was honorably released from active duty on 15 November 1971. His DD Form 214 does not indicate he was awarded the CIB. 6. The applicant provides: a. A self-authored statement that, in effect, states the following: * he and fellow Soldiers were actively engaged in close combat operations during the entire period of his tour of duty * one of their missions is well documented in the Southern Cross (article entitled "Professions Net Five," dated 22 January 1971) * during this firefight, he was an active participant in seeking out the enemy and alerting platoon members to their positions * he served in good faith and believes the omission of the CIB from his record is a clerical oversight b. Two witness statements from individuals who state they served with him in the Republic of Vietnam. One witness account specifically references his participation in a fire action known as the "Massacre at Fire Base Mary Ann," which is the subject of a detailed article in the 12 April 1971 issue of Time Magazine. c. The source documents referenced by the applicant and his witnesses were not provided with his application and could not be accessed for review and/or consideration with this case. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers, warrant officers, and enlisted Soldiers possessing an infantry MOS. There are three basic requirements for award of the CIB: the Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. Combat service or campaign credit alone is not sufficient to award the CIB. DISCUSSION: 1. The applicant's request for award of the Combat Infantryman Badge (CIB) and witness statements were carefully considered. 2. The applicant's honorable service in Vietnam is not in question. However, there is no evidence he was awarded the CIB during his period of service in Vietnam. 3. Neither his records nor his provided witness statements provide sufficient, verifiable details that support his active participation in ground combat with hostile forces. His witness statements, by themselves, are insufficient as proof of his engagement in active ground combat. 4. Notwithstanding his contentions and sincerity, in the absence of documentation that shows the applicant engaged in active ground combat, there is insufficient evidence upon which to base award of the CIB. However, should he be able to provide verifying documentation, such as staff duty logs, letter(s) from his former chain of command, or published historical accounts that clearly show he participated in active ground combat, his application may be reconsidered upon his request. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009267 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009267 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2