IN THE CASE OF:
BOARD DATE: 15 OCTOBER 2008
DOCKET NUMBER: AR20080012249
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 his records be corrected to reflect his award of the Combat Infantryman Badge (CIB).
2. The applicant states that he was awarded the CIB in the field in April or May of 1970 and it is not reflected on his DD Form 214.
3. The applicant provides a newspaper article indicating that he had been awarded the CIB.
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 was inducted in Jacksonville, Florida on 9 April 1969 and was transferred to Fort Benning, Georgia to undergo his basic combat training (BCT). 3. He completed his BCT and was transferred to Fort Polk, Louisiana to undergo his advanced individual training (AIT) as an infantry indirect fire crewman. He completed his AIT and was transferred back to Fort Benning to attend the Noncommissioned Officer (NCO) Candidate Course. He was advanced to the rank of corporal on 15 September 1969 and upon completion of the NCO Candidate Course he was promoted to the rank of sergeant and was transferred to Fort McClellan, Alabama for 10 weeks of on-the-job-training (OJT) in a training unit.
4. He completed his OJT and was transferred to Vietnam on 15 March 1970 for assignment to the 3rd Battalion, 506th Infantry Regiment, 101st Airborne Division (Airmobile).
5. On or about 18 November 1970, he departed on a 30-day emergency leave due to the illness of his wife. On 9 December 1970, he submitted an application for a hardship discharge and was attached to Fort Knox, Kentucky pending the outcome of his application.
6. His application was approved on 22 January 1970 and on 2 February 1971, he was honorably discharged under the provisions of Army Regulation 635-200, chapter 6 for hardship. He had served 1 year, 9 months and 24 days of total active service and his DD Form 214 reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal. He was separated on temporary records.
7. A review of the applicants original records failed to reveal any orders awarding him the CIB or any indication that orders were published awarding him the CIB or any other additional awards.
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. Awards of the CIB are announced in permanent orders.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was awarded the CIB in Vietnam is not in doubt, the applicant has failed to provide sufficient evidence, in the form of permanent orders, to add the award of the CIB to his records.
2. The newspaper article clearly indicates that the applicant was awarded the CIB; however, a newspaper article is not considered official documentation for award of the CIB.
3. Regrettably, in the absence of more official evidence than a newspaper article, it must be presumed that he is not entitled to have the award of the CIB added to his records at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20080012249
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ABCMR Record of Proceedings (cont) AR20080012249
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