BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160003207 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 BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160003207 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. BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160003207 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB). 2. The applicant states: a. he performed the duties of an infantryman, during his 19 months and 4 days of service, in Vietnam with the 503rd Infantry Regiment; b. he performed numerous patrols almost always engaging and firing his weapon on the enemy; and c. although he held the military occupational specialty (MOS) as a driver, his record will clearly show he served with the Infantry as an infantryman in Vietnam. 3. The applicant provides: * Letter of Appreciation, dated 7 December 1966 * two Xeroxed photographs * Letter, from the Washington County Veterans Services Agency, dated 25 January 2016 * DD Form 214, issued on 5 July 1968 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 enlisted in the Regular Army on 6 July 1965. He completed initial entry training and he was awarded MOS 63B (Wheel Vehicle Mechanic). 3. His DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Vietnam from June 1966 to January 1968, while assigned to 4th Battalion, 503rd Infantry Regiment. It does not list an infantry MOS or show he served as an infantryman. 4. The applicant's record does not contain orders or any other evidence that shows he was previously awarded the CIB. 5. On 5 July 1968, the applicant was honorably released from active duty having completed 3 years of active creditable service. The CIB is not included among the awards listed on the DD Form 214 issued to him at that time. 6. The applicant provides and his record contains Headquarters, 173rd Airborne Brigade (Separate), Office of the Commanding General (CG), Letter of Appreciation, dated 7 December 1966, in which the CG expressed his appreciation to members of 4th Battalion,503rd Infantry Regiment, for their outstanding performance to the command during Operation Winchester from 7 October to 4 December 1966. 7. He provides two Xeroxed photographs of a young Soldier holding a large mortar round on his shoulder while standing next to a mortar tube. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that the CIB was 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. Campaign or battle credit alone is not sufficient for award of the CIB. Award of the CIB is shown by publication of permanent orders. 2. Appendix V of U.S. Army Vietnam 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. The CIB was awarded to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. DISCUSSION: 1. The applicant contends his DD Form 14 should be corrected to show award of the CIB. 2. The evidence of record clearly shows he was he was assigned to an infantry unit of brigade, regimental, or smaller size in the RVN. However, it does not sufficiently show he held an infantry MOS while engaged in active ground combat with his infantry unit during his service in the RVN from June 1966 to January 1968. 3. The regulatory criteria necessary for award of the CIB is not evidenced in the applicant’s case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003207 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003207 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2