BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20170000224 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: 1 August 2018 DOCKET NUMBER: AR20170000224 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: 1 August 2018 DOCKET NUMBER: AR20170000224 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. His DD Form 214 does not show award of the CIB which he earned from his Vietnam Service. b. He served as a gunner for a medical evacuation helicopter. He also served as an indicator in a Cessna L-19 Bird Dog airplane for napalm and Agent Orange drops. c. He served in Kon Tum, Vietnam, as a radio operator. d. He was constantly in combat areas while he served in Vietnam and he greatly exceeded the 30-day combat period required to receive the CIB. 3. The applicant does not provide additional 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 1 December 1965. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. He served in Vietnam during the period 16 May 1966 through on or about 4 May 1967. While in Vietnam, he participated in two campaigns and he was assigned to II Corps Advanced Group, Advanced Team 21. 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB. 5. On 30 November 1967, he was honorably released from active duty. His DD Form 214 shows he completed 2 years of net service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Good Conduct Medal 6. His records are void of orders awarding him the CIB. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The CIB is 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. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. b. Special provisions authorized for the Vietnam Conflict, Laos, and Korea on the Demilitarized Zone stated during the Vietnam Conflict, any officer whose basic branch is other than infantry who, under appropriate orders, commanded a line infantry (other than a headquarters) unit of brigade, regimental, or smaller size for at least 30 consecutive days is deemed to have been detailed in infantry and is eligible for award of the CIB notwithstanding absence of a written directive detailing that Soldier in the infantry, provided all other requirements for the award have been met. Orders directing the officer to assume command will be confirmed, in writing, at the earliest practicable date. DISCUSSION: 1. The applicant contends he exceeded the 30-day combat period required for award of the CIB. 2. Although the evidence of record shows he served in Vietnam and he held MOS 11B, he was not an officer and the unit to which he was assigned or attached was not an infantry unit of brigade, regimental, or smaller size and there is no evidence, such as orders or corroborating statements from fellow Soldiers, indicating he was assigned or attached to an infantry platoon or squad in an armored cavalry squadron or regiment. 3. He did not meet the eligibility requirements for award of the CIB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018124 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000224 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2