BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090014742 


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 that his records be corrected to show that he served in combat and that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states that he desires to be awarded the CIB in order to receive Department of Veterans Affairs (VA) benefits as well as for personal reasons.

3.  The applicant provides no additional documents with his application.

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 involuntarily ordered to active duty from the U.S. Army Corps on 19 February 1968 in military occupational specialty (MOS) 36K (Field Communications Crewman) for a period of 18 months and 17 days.  His initial assignment was to Fort Campbell, Kentucky.

3.  He was transferred to Vietnam on 18 October 1968 and was assigned to Headquarters and Headquarters Troop, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division, for duty as a wireman.

4.  On 14 July 1969, he was awarded the Bronze Star Medal (BSM) for meritorious service during the period of August 1968 to August 1969.

5.  He departed Vietnam on 25 August 1969 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 30 August 1969 as an overseas returnee.  He had served 1 year, 6 months, and 11 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, and the BSM.

6.  A review of his official records fails to show that the applicant ever held the MOS of an infantryman or that he served as an infantryman who engaged in combat with enemy Soldiers.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has failed to show through evidence submitted with his application or the evidence of record that he ever held the MOS of an infantryman or that he performed the duties of an infantryman assigned to an infantry unit that engaged the enemy in combat.  Accordingly, there appears to be no basis to award him the CIB.

2.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  __x______  __x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20090014742



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ABCMR Record of Proceedings (cont)                                         AR20090014742



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