IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080001819
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, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge.
2. The applicant states, in effect, that he received the Combat Infantryman Badge and it is not shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 in support of 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows he was inducted on 10 April 1969. He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS), 11B. He was promoted to SP4/E-4 effective 1 November 1969.
3. The applicant served in Vietnam from 3 October 1970 to 22 February 1971. He served until he was honorably released from active duty on 23 February 1971.
4. The applicants DD Form 214 shows he was awarded the National Defense Service Medal; the Expert Marksmanship Qualification Badge, with Rifle Bars
(M-14 and M-16); the Vietnam Service Medal; the Republic of Vietnam Campaign Medal with Device (1960); and the Army Commendation Medal. His DD Form 214 does not show any additional awards.
5. There are no orders in the applicant's available personnel records which show that he was awarded the Combat Infantryman Badge.
6. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served as a student of the Americal Combat Course, with the 23rd Administrative Replacement Detachment, and as a grenadier, in MOS 11B1O, with Company B, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade, in Vietnam.
7. Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers, and to enlisted and warrant officer personnel 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. The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
The evidence shows that the applicant held an infantry MOS and was assigned duties as a student of the Americal Combat Course and as a grenadier with an infantry unit; however, there is no evidence, and the applicant provided none to show he served in active ground combat while assigned to an infantry unit serving in Vietnam and was awarded the Combat Infantryman Badge. Based on the evidence, he is not entitled to have the Combat Infantryman Badge added to his DD Form 214. If the applicant can provide a copy of his Combat Infantryman Badge orders or other substantiating evidence, he may reapply to this Board for reconsideration.
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.
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