IN THE CASE OF:	  

		BOARD DATE:	 21 December 2010 

		DOCKET NUMBER:  AR20100017050 


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 a second Combat Infantryman Badge (CIB).

2.  The applicant states he was awarded the first award of the CIB for his service in Vietnam; however, he served in Korea in the demilitarized zone (DMZ) at forward observation posts before going to Vietnam and should have been awarded the CIB for that tour of duty.  Accordingly, the CIB for his Vietnam service should have been his second award.

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 enlisted in the Regular Army on 28 January 1971 for a period of 3 years.  He completed basic training and advanced individual training as a light weapons infantryman at Fort Ord, California.

3.  On 5 November 1971, he was transferred to Korea for assignment to Company C, 1st Battalion, 31st Infantry Regiment, 2d Infantry Division.  He departed Korea on 7 June 1972 and arrived in Vietnam on 6 July 1972.

4.  He served in Vietnam with Company F, 50th Infantry Regiment, and with Troop F, 4th Air Cavalry Regiment.

5.  He departed Vietnam on 7 February 1973 and was transferred to Fort Ord where he was honorably released from active duty on 25 January 1974.  He had 2 years, 11 months, and 28 days of total active service and was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal (Korea), the Vietnam Service Medal, the Vietnam Campaign Medal, and the CIB [awarded by the U.S. Total Army Personnel Command on 2 May 1990 with an effective date of 31 July 1972].

6.  A review of his records failed to show the applicant was awarded the CIB in Korea.

7.  Army Regulation 600-8-22 (Military Awards) establishes the criteria for award of the CIB.  It states that to be eligible for the CIB an individual must be an infantryman with an infantry military occupational specialty and must perform duty as an infantryman as a member of an infantry unit of brigade or smaller size during any period in which that unit was engaged in ground combat.  Battle participation credit alone is not sufficient.

8.  Army Regulation 600-8-22 also provides that only one award of the CIB is authorized for service in the Republic of Vietnam, Laos, Dominican Republic, Korea in the DMZ, El Salvador, Grenada, and Panama during the period 2 March 1961 to 10 March 1995.

DISCUSSION AND CONCLUSIONS:

1.  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 failed to submit evidence that would satisfy this requirement.

2.  Although the applicant has not shown he is entitled to award of the CIB for his service in Korea, he served during a period in which only one award of the CIB was authorized, regardless of the number of theaters in which he served or qualified for award of the CIB.

3.  Accordingly, there appears to be no basis to grant his request.

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 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)                                         AR20100017050



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ABCMR Record of Proceedings (cont)                                         AR20100017050



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