IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20080008668
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, in effect, that he was issued the CIB based on Special Orders Number 261, dated 23 September 1968.
3. The applicant provides a copy of Headquarters, 11th Armored Cavalry Regiment, Special Orders Number 261, dated 23 September 1968; and three discharge documents.
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. After having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer on 1 November 1966 in the Armor Branch. He was concurrently called to active duty. His appointment letter shows his primary specialty number as 1203 (Tank Unit Commander).
3. The applicant was assigned to Vietnam on 20 April 1968 with Headquarters, 3rd Squadron, 11th Armored Cavalry Regiment.
4. The applicant provided a copy of Headquarters, 11th Armored Cavalry Regiment, Special Orders Number 261, dated 23 September 1968, which show he was awarded the CIB. These orders show his primary specialty as 1203.
5. Item 21 (Awards and Decorations) on his DA Form 66 (Officer Qualification Record), authenticated on 7 July 1969, lists award of the CIB. The CIB entry was lined through and shows a handwritten entry of Rescinded.
6. His DA Form 66 shows he performed duties in specialty number 1204 (armored reconnaissance unit commander) as a Platoon Leader and 59301 as an Assistant S-2 during his tour in Vietnam.
7. The applicant was released from active duty on 6 September 1973 and transferred to the U.S. Army Reserve Control Group (Reinforcement) on the following date.
8. His DD Form 214 for the period ending 6 September 1973 shows he was awarded the National Defense Service Medal, the Good Conduct Medal, the Army Commendation Medal with V Device (First Oak Leaf Cluster), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Purple Heart, and the Bronze Star Medal.
9. U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service. This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that 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 shows the applicant was appointed in the Armor Branch as a Tank Unit Commander in primary specialty 1203.
2. The applicants Officer Qualification Record shows he performed duties as a Platoon Leader and Assistant S-2 with an armored cavalry unit during his tour in Vietnam. There is no evidence of record which shows he held or performed infantry duties in active ground combat in Vietnam or that he was an infantryman. Therefore, he has not met the requirements for award of the CIB.
3. Although the applicant has provided special orders for award of the CIB, it appears that these orders were revoked.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_xx_____ ___xx___ ___xx___ 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.
__________xxxx_________
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) AR20080008668
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