IN THE CASE OF:
BOARD DATE: 30 December 2008
DOCKET NUMBER: AR20080017085
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 1978 separation document be corrected to reflect award of the Combat Infantryman Badge and an Army Commendation Medal.
2. The applicant states he did not realize he could have the awards added to his separation document.
3. The applicant provides a copy of his 1978 DD (Department of Defense) Form 214 (Report of Separation from Active Duty), the first page of his DA (Department of the Army) Form 20 (Personnel Qualification Record), and copies of an Army Commendation Medal citation and award certificate.
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. Records available to the Board indicate the applicant initially entered active duty on 20 October 1971. He was trained as an infantryman (11B).
3. By April 1972, following completion of training, he was assigned to Vietnam. He was originally assigned to a Military Police unit for on the job training as a military policeman but was subsequently reassigned to an infantry unit on 1 July 1972 for duties as a light weapons infantryman. By 12 July 1972, only 11 days later, his records indicate that he was assigned duties as a security guard with the USAI (United States Army Installation) in Pleiku, Vietnam. He was discharged for the purpose of immediate reenlistment on 15 December 1972. In January 1973, his records indicate he was reassigned to the 17th Aviation Group where he continued to perform duties as a security guard.
4. The applicant departed Vietnam in March 1973.
5. The Army Commendation Medal certificate and citation provided by the applicant recognized his meritorious service between April 1972 and December 1972, but no orders were provided.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal or the Combat Infantryman Badge.
7. The applicant was briefly assigned to Fort Hood, Texas prior to being reassigned to an infantry element in Germany where he remained until he was released from active duty on 12 December 1978.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided copies of the award citation and certificate for the Army Commendation Medal. Unfortunately, the applicant's file does not contain orders confirming the award and the applicant did not provide a copy. The absence of orders precludes confirmation of the award and as such there is no basis to add that decoration to his separation document.
2. Although the evidence does confirm the applicant served in an infantry specialty while in Vietnam, there is no evidence he participated in active ground combat and as such there is no basis to award him the Combat Infantryman Badge.
3. 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 the aforementioned 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.
_______ _ _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) AR20080017085
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ABCMR Record of Proceedings (cont) AR20080017085
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