RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 June 2007
DOCKET NUMBER: AR20070001194
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Sherri Ward
Chairperson
Mr. Richard Dunbar
Member
Mr. David Tucker
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Combat Infantryman Badge.
2. The applicant states that he was assigned as an infantry officer in a combat zone in Vietnam. He also contends that he was a first lieutenant platoon leader and captain during July 1967 to July 1968 assigned to 1st Battalion, 28th infantry of the 1st Infantry Division.
3. The applicant provides no additional evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 30 September 1981. The application submitted in this case is dated 10 January 2007.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. Having prior service in the Army National Guard, the applicant was ordered to active duty for training on 20 February 1960. On 19 August 1960, the applicant was released from active duty. He enlisted in the Regular Army on 30 March 1962. On 24 February 1966, the applicant was honorably discharged to accept a commission. He was commissioned a second lieutenant on 25 February 1966 and entered active duty. He served in Vietnam from 17 July 1967 to 11 July 1968 and from 17 October 1970 to 16 October 1971. On 30 September 1981, he retired in the rank of major.
4. The applicants DD Forms 214 do not show the Combat Infantryman Badge as an authorized award.
5. There are no orders for the Combat Infantryman Badge in the available records.
6. The applicants DA Form 67-6 (U.S. Army Officer Efficiency Report) covering the period 15 June 1967 to 14 June 1968 shows he served as a communications officer engaged in counterinsurgency operations in Vietnam. This form also shows that he was assigned to Headquarters and Headquarters Company, 1st Battalion, 28th Infantry.
7. Orders for the Army Commendation Medal with V Device for heroism on
29 November 1967, dated 24 January 1968, show the applicant was assigned to Headquarters and Headquarters Company, 1st Battalion, 28th Infantry. The citation states, in pertinent part, that serving as communications officer for his battalion.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicants contention that he was assigned as an infantry officer in a combat zone in Vietnam. The available evidence of record shows that the applicant served as a communications officer during his assignment in Vietnam. There is no evidence of record which shows the applicant held an infantry MOS and served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
2. Records show the applicant should have discovered the alleged error now under consideration on 30 September 1981; therefore, the time for the applicant to file a request for correction of any error expired on 29 September 1984. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
SW_____ __RD___ __DT____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
____Sherri Ward_______
CHAIRPERSON
INDEX
CASE ID
AR20070001194
SUFFIX
RECON
DATE BOARDED
20070621
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.0111
2.
3.
4.
5.
6.
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