IN THE CASE OF:
BOARD DATE: 20 NOVEMBER 2008
DOCKET NUMBER: AR20080013994
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.
2. The applicant states he served with the Americal Division as an infantryman during the Vietnam War, but he was not awarded the Combat Infantryman Badge.
3. The applicant provides:
a. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
b. Multiple copies of his DA Forms 20 (Enlisted Qualification Record) and DA Forms 2-1 (Personnel Qualification Record).
c. A copy of an Army National Guard Retirement Credits Record.
d. A copy of an article from The Southern Cross, the Americal Division newspaper, dated 16 March 1969, titled 1/1 Smashes Enemy Thrust, Kills 263 Outside Tam Ky.
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 into the Army of the United States for 2 years on 29 February 1968. He was trained as an infantryman, military occupational specialty (MOS) 11B.
3. Nothing is known of the applicants Vietnam service except that he served 11 months and 24 days in the US Army Pacific (USARPAC) area, and he was awarded the National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Vietnam Campaign Medal with Device (1960), 2 Overseas Service Bars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the 1st Class Gunners Badge (M-60).
4. The applicant was honorably separated from active duty on 29 December 1969 after completing 1 year, 10 months, and 1 day of creditable service. He then served in the Reserve components until he was transferred to the Retired Reserve on 1 March 1996 as a master sergeant.
5. There are no orders in the applicants records awarding him the Combat Infantryman Badge.
6. During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any Combat Infantryman Badge orders on file for the applicant.
7. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the Combat Infantryman Badge 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 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:
1. The applicant entered active duty on 29 February 1968 and was trained as an infantryman. He served 11 months and 24 days in USARPAC, presumably in Vietnam.
2. The applicants unit of assignment and duty assignment in Vietnam cannot be verified from the available record. The available record does not contain orders awarding him the CIB; orders could not be located via ADCARS.
3. While the sincerity of the applicants request and his supporting statements are not in question, without orders there is insufficient evidence to support award of the CIB.
4. 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 our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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.
_______ _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) AR20080013994
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