BOARD DATE:	  5 February 2013

		DOCKET NUMBER:  AR20120010714 


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 (Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB) as an authorized award.

2.  The applicant states he received on-the-job training in military occupational specialty (MOS) 11B (Infantryman) in Vietnam and he served faithfully as an infantryman.

3.  The applicant provides no document 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 enlisted in the Regular Army on 2 September 1966.  He completed training, including advanced individual training in MOS 70A            clerk – general).  

3.  He served in Vietnam from 2 February 1967 to 25 January 1968 in MOS 71H (Personnel Actions Specialist) with the 4th Administrative Company, 4th Infantry Division.  

4.  Following his return to the United States he served briefly at Fort Dix, NJ and in Germany.  

5.  Block 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal (with (1960) Device, two Overseas Service Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  On 5 June 1969, he was separated with an honorable characterization of service and transferred to the Army Reserve.  His DD Form 214 does not list the CIB as an authorized award.

7.  Army Regulation 600-8-22 (Military Awards) states 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 (USARV) Regulation 672-1 states 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 received on-the-job training in MOS 11B in Vietnam and served faithfully as an infantryman.  However, the available evidence shows when he was assigned to Vietnam he served in MOS 71H.    

2.  There is no evidence that he was awarded MOS 11B or that he held this MOS.

3.  In the absence of documentary evidence confirming that he held an infantry MOS and engaged in active ground combat while he was assigned or attached to an infantry unit there is insufficient evidence upon which to base 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 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)                                         AR20120010714



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ABCMR Record of Proceedings (cont)                                         AR20120010714



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