BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160019596 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: 8 August 2018 DOCKET NUMBER: AR20160019596 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: 8 August 2018 DOCKET NUMBER: AR20160019596 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 the 2nd Battalion, 18th Infantry, 1st Infantry Division, in Vietnam from 1967 to 1968. While serving in Vietnam, his squad was shot at and sustained mortar attacks. He was in the field at least 8 months and he was wounded when a Vietcong set fire to bags at the landing zone. The medic did not fill out the paperwork. He thinks he deserves the CIB for being in the field that long. 3. The applicant provides a newspaper photograph. 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 28 September 1964 for a period of 3 years. He completed his training and was awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver). On 5 December 1966, he was honorably discharged for immediate reenlistment. He reenlisted on 6 December 1966 for a period of 4 years. 3. His DA Form 20 (Enlisted Qualification Record) shows: * he served in MOS 64B while assigned to Headquarters and Headquarters Company, 2nd Battalion, 18th Infantry Regiment, in Vietnam from 6 February 1967 to 20 September 1967 * he was awarded MOS 11D (Armor Intelligence Specialist) effective 21 September 1967 * he served in MOS 11D (principal duty as platoon sergeant) while assigned to Headquarters and Headquarters Company, 2nd Battalion, 18th Infantry Regiment, in Vietnam from 21 September 1967 to 17 January 1968 * he has a scar on his upper left thigh in item 40 (Wounds) * no CIB in item 41 (Awards and Decorations) and the entry "PURPLE HEART" was lined out 4. On 4 December 1970, he was honorably discharged. 5. His DD Form 214 for the period ending 4 December 1970 does not show the CIB as an authorized award. 6. There are no orders for the CIB in the available records. 7. He provided a newspaper photograph of Soldiers in combat and stated "This was the 3rd L.Z. [landing zone] we cleared." 8. On 18 July 2011, the Awards and Decorations Branch, U.S. Army Human Resources Command, denied a request for award of the Purple Heart and CIB. The letter states historical casualty listings from the Vietnam era were reviewed and the applicant's name was not listed. REFERENCES: Army Regulation 600-8-22 (Military Awards) states a Soldier must meet the following three requirements for award of the CIB: (1) he must be an infantryman satisfactorily performing infantry duties, (2) he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) he must actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. DISCUSSION: 1. The applicant's contentions and the newspaper photograph he provided were carefully considered. 2. The governing regulation for award of the CIB clearly establishes that the CIB may be awarded to personnel who hold an infantry specialty and served in active ground combat while assigned or attached to an infantry unit. The evidence of record shows he held the appropriate MOS and duty assignment for award of the CIB, but there is no substantiating military documentary evidence showing he was assigned to this unit during such time as the unit was engaged in active ground combat and that he actively participated in such ground combat. 3. Although he contends he was wounded when a Vietcong set fire to bags at the landing zone in Vietnam, there is no evidence showing he was wounded as a result of hostile action. His name is not listed on the Vietnam casualty roster. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019596 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019596 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2