BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160007904 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: 13 June 2018 DOCKET NUMBER: AR20160007904 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: 13 June 2018 DOCKET NUMBER: AR20160007904 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, award of the Combat Infantryman Badge (CIB). 2. The applicant states: a. He experienced small arms fire and mortar and rocket attacks many times. He returned fire while serving on a landing zone perimeter. He participated in many air assaults, some of which were hot landing zones, and he returned fire. b. He never spoke of it until 3 years ago when he learned he had post-traumatic stress disorder (PTSD). 3. The applicant provides: * two self-authored statements * DD Form 214 (Report of Separation from the Armed Forces of the United States) * 1st Cavalry Division (Airmobile) Vietnam Combat Certificate * Department of Veterans Affairs Medical Center Initial PTSD Disability Benefits Questionnaire, dated 7 January 2013 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 2 March 1966. He completed initial entry training and was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator) effective 21 October 1966. 3. His DA Form 20 (Enlisted Qualification Record) shows he departed the continental United States en route to Vietnam on 7 November 1966. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), as a radio teletype operator in duty MOS 05C from 19 November 1966 through 4 January 1969. He departed Vietnam en route to the continental United States on or about 5 January 1969. He participated in six campaigns during this period. 4. He provided a 1st Cavalry Division (Airmobile) Vietnam Combat Certificate stating he faithfully served his country with Headquarters and Headquarters Company, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), in Vietnam during the period November 1966 to January 1969. 5. His DD Form 214 shows he was honorably discharged on 7 January 1969 after completing 2 years, 10 months, and 6 days of net active service. He was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Bronze Star Medal with 1st Oak Leaf Cluster * Air Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * four overseas service bars 6. His records do not contain orders awarding him the CIB. 7. He provided a self-authored statement, dated 12 April 2016, wherein he stated he was somehow overlooked for award of the CIB. a. He described his combat service in Vietnam. He noted he was awarded two Bronze Star Medals for performing his radio teletype operator duties extremely well while under attack by Viet Cong and North Vietnamese Army troops and two Air Medals for participating in more than 25 air assaults and 100 hours of flight. b. He stated he was wounded by shrapnel from incoming mortar rounds on or about 17 March 1968. The medical tent was hit the next night and burned; all records were destroyed. He never resubmitted documentation for award of the Purple Heart because he sustained only a small wound to his index finger when others lost limbs and lives. c. He requested award of the CIB for all the times he was exposed to combat operations from November 1966 to January 1969. He feels award of the CIB will help his PTSD healing process by recognizing his efforts when he was 17, 18, and 19 years old. 8. He provided a second self-authored statement, dated 28 September 2017, in response to an Army Review Boards Agency Case Management Division request for medical documentation supporting his diagnosis of PTSD and attached a copy of his Department of Veterans Affairs Medical Center Initial PTSD Disability Benefits Questionnaire, dated 7 January 2013. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. A Soldier must meet the following three requirements for award of the CIB: (1) be an infantryman satisfactorily performing infantry duties, (2) be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. b. The CIB is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces MOS. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy. Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances described above. Commanders are not authorized to make any exceptions to this policy. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB during the Vietnam era. Appendix V stated the CIB was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). DISCUSSION: 1. The application's records show he served in MOS 05C as a radio teletype operator while assigned to a cavalry regiment in Vietnam. 2. Award of the CIB requires that a 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. Campaign or battle credit alone is not sufficient for award of the CIB. 3. Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances. Commanders are not authorized to make any exceptions to this policy. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007904 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007904 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2