IN THE CASE OF:	  

		BOARD DATE:	    6 May 2010

		DOCKET NUMBER:  AR20090017110 


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 the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was awarded the CIB and he believes the evidence is in his DA Form 201 (Military Personnel Records Jacket).

3.  The applicant provides no supporting documents to substantiate his request.

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 and entered active duty on 28 October 1966.  He completed training in military occupational specialty (MOS) 11D as an armor intelligence specialist.  He was posted to Vietnam.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  in item 38 (Record of Assignments) - he served as a scout observer with Troop A, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division, from 4 August 1967 to 28 August 1968;

	b.  in item 40 (Wounds) - he sustained a perforated right eardrum on 3 September 1967 and a fragment wound to the right hand on 12 February 1968; and

	c.  in item 41 (Awards and Decorations) - he was awarded/authorized the National Defense Service Medal, Expert Marksmanship Badge with Rifle Bar 
(M-14), Republic of Vietnam (RVN) Campaign Medal, Vietnam Service Medal, Purple Heart, and two overseas service bars.

4.  The applicant returned to the United States and was separated with an honorable characterization of service on 25 October 1968.  He was transferred to the U.S. Army Reserve Control Group (Annual Training) in pay grade E-4.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Vietnam Service Medal with three bronze service stars, RVN Campaign Medal with Device (1960), Army Commendation Medal, National Defense Service Medal, Purple Heart, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  Army Regulation 600-8-22 (Military Awards) provides 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 CIB 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 states he was awarded the CIB and he believes the evidence is in his Military Personnel Records Jacket.

2.  The applicant served with a cavalry troop in Vietnam.  There are no CIB orders filed in his records.  There is no available evidence that he served in combat while assigned or attached to an infantry unit.

3.  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:

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)                                         AR20090017110



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ABCMR Record of Proceedings (cont)                                         AR20090017110



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