IN THE CASE OF:
BOARD DATE: 7 October 2008
DOCKET NUMBER: AR20080012102
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that while he was assigned to the 101st Airborne (Air Assault) Division, his unit was constantly under enemy attack.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his DD Form 20 (Enlisted Qualification Record), in support of his application.
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 that he was inducted into the Army of the United States on 1 May 1969. He completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman). The highest grade he held was private first class (PFC)/E-3.
3. The applicant's DA Form 20 shows that he served in the Republic of Vietnam (RVN) from 27 September 1970 to 19 April 1971 and that during his RVN tour he was assigned to 25th Infantry Division and the 101st Airborne Division, performing duties in MOS 11B, Auto Rifleman/Rifleman.
4. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the National Defense Service Medal (NDSM) and the Vietnam Service Medal (VSM) during his active duty tenure.
5. On 23 April 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) after completing a total of 1 year, 11 months, and 23 days of active military service. The DD Form 214 he was issued shows he earned the NDSM, VSM, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) during his active duty tenure.
6. 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. 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the CIB.
2. There is no evidence of record nor has the applicant submitted any evidence that shows he was awarded the CIB.
3. Evidence of record shows that he served in an infantry MOS in an infantry unit. However, the applicant's records do not show and he did not provide any evidence to show that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Therefore, he is not entitled to award of the CIB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_______ _________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___________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) AR20080012102
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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