IN THE CASE OF:
BOARD DATE: 14 AUGUST 2008
DOCKET NUMBER: AR20080009919
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 he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states that he served as an infantryman in Vietnam and earned the CIB; however, it is not listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army at Fort Jackson, South Carolina on 3 June 1964 for a period of 3 years. He completed his training at Fort Gordon, Georgia and was awarded the military occupational specialty of a light weapons infantryman. He was transferred to Fort Hood, Texas for his first duty assignment.
3. He remained at Fort Hood as a rifleman until he was transferred to Vietnam on 29 May 1965 for assignment to the United States Army Military Assistance Command Vietnam (MACV) for duty as a security guard. He was advanced to the pay grade of E-4 on 23 September 1965.
4. He departed Vietnam on 25 May 1966 and was transferred to Fort Gordon. He was promoted to the pay grade of E-5 on 21 October 1966 and he was transferred to Fort Benning, Georgia on 13 January 1967 for duty as a squad leader.
5. On 2 June 1967, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.
6. A review of the applicants records fails to show that the applicant was ever awarded the CIB or that he was assigned to an infantry unit in Vietnam.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.
8. The United States Military Assistance Command, Vietnam (MACV) was the United States unified command structure for all of its military forces in South Vietnam during the Vietnam War. Because of the many headquarters units in its locale, Tan Son Nhut Air Base, near Saigon, MACV was called Pentagon East.
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 has failed to submit evidence that would satisfy this requirement.
2. While the sincerity of the applicants contention that he earned the CIB is not in doubt, there simply is no evidence in the available records to show that the applicant was ever awarded the CIB or that he was assigned to an infantry unit that engaged the unit in actual combat in Vietnam.
3. Therefore, in the absence of such evidence, there appears to be no basis to award him the CIB at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
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) AR20080009919
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ABCMR Record of Proceedings (cont) AR20080009919
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