IN THE CASE OF:	  

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090014966 


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 that he should have been awarded the CIB because he was injured in combat and awarded the Purple Heart.  He also states, in effect, that his commander and first sergeant were unable to award him the CIB prior to their departure from the Republic of Vietnam (RVN).  He concludes by stating that he traveled and fought with the infantry while he was in the RVN.

3.  The applicant submitted his DD Form 214 in support of this 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 inducted into the Army of the United States on 20 June 1966.  He completed the required training and was awarded military occupational specialty (MOS) 94B (Cook).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN with Headquarters and Headquarters Company, 1st Battalion (Mechanized), 5th Infantry Regiment, 25th Infantry Division, from 16 November 1966 to 18 November 1967 performing duties in MOS 94B with principal duties as a cook.

4.  36th Evacuation Hospital (Semi-mobile), General Orders Number 8, dated 7 March 1967, show that the applicant was awarded the Purple Heart for being wounded in action.

5.  On 19 June 1968, the applicant was honorably separated and transferred to the U.S. Army Reserve.  He had completed 2 years of active military service.  The DD Form 214 he was issued shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, Purple Heart and Good Conduct Medal.  The DD Form 214 he was issued does not show award of the CIB.

6.  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 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides 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:

There is no evidence nor did the applicant submit any evidence that shows he held an infantry MOS during his assignment in the RVN.  Therefore, in the absence of such evidence he is not entitled to award of the CIB.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X__  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      ___________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)                                         AR20090014966



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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