IN THE CASE OF:
BOARD DATE: 18 NOVEMBER 2008
DOCKET NUMBER: AR20080014880
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 the second award of the Combat Infantryman Badge (CIB).
2. The applicant states that he believes he is entitled to the second award of the CIB based on his service in the Republic of Vietnam (RVN). He contends that he was never awarded a CIB for his service in the RVN and that he meets the requirements for a second award in accordance with Army Regulation 600-8-22 (Military Awards), Section "D," subsequent awards (sic).
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of his CIB orders, a copy of his recommendation for award of the Vietnamese "Cross of Gallantry w/Silver Star," a copy of his Meritorious Service Medal Citation and Award Certificate, a copy of his assignment orders in the RVN, and a copy of the CIB regulatory guidance he extracted from an Americal Division website.
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 evidence of record shows the applicant retired in the rank and grade of sergeant major/E-9 on 31 July 1983.
3. The applicant served in the Dominican Republic from 3 May 1965 through
3 August 1966. Special Orders Number 209, Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, dated 3 September 1965, awarded the applicant the CIB. This award is shown on his DD Form 214.
4. The applicant served in the RVN from 15 January 1968 through 13 January 1969. He was assigned as the Province Reconnaissance Unit (PRU) advisor for Kontum Province.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 8-6 of Army Regulation 600-8-22 provides for award of the CIB. Paragraph
8-6d(1) stipulates, in pertinent part, that service in the Vietnam conflict (after
1 March 1961) combined with qualifying service in Laos (19 April 1961
6 October 1962), the Dominican Republic (28 April 1965 1 September 1966), Korea on the DMZ (after 4 January 1969), Grenada (23 October 21 November 1983), Panama (20 December 1989 31 January 1990), and the Persian Gulf War (17 January 11 April 1991) is recognized by one award only regardless of whether a Soldier has served one or multiple tours in any or all of these areas.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the Dominican Republic from 3 May 1965 through
3 August 1966, and was awarded the CIB for this service.
2. The applicant served in the RVN from 15 January 1968 through 13 January 1969. Given the regulatory guidance above, the applicant does not meet the criteria for a subsequent award of the CIB. The regulation clearly states that service in the Vietnam conflict (after 1 March 1961) and in the Dominican Republic (28 April 1965 1 September 1966) is recognized by one award of the CIB regardless of whether a Soldier has served in both areas.
3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement.
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.
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