IN THE CASE OF:
BOARD DATE: 30 June 2009
DOCKET NUMBER: AR20090003550
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 he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states that he fought with an infantry unit in Vietnam and should have been awarded a CIB.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 born on 25 May 1946 and enlisted in the Regular Army in Baltimore, Maryland, on 10 November 1966 for a period of 3 years and training as a basic microwave radio equipment repairman. He completed his basic training at Fort Jackson, South Carolina, and his advanced individual training at Fort McClellan, Alabama, before being transferred to Fort Benning, Georgia, to attend Infantry Officer Candidate School.
3. On 27 September 1967, he was honorably discharged to accept a commission.
4. On 28 September 1967, he was commissioned as a United States Army Reserve (USAR) second lieutenant with a concurrent call to active duty. He was transferred to Fort Ord, California, where he served as a training officer in a basic training company.
5. On 6 September 1968, he was transferred to Vietnam and was assigned to Company C, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division, for duty as a platoon leader.
6. On 10 September 1968, he was assigned as the executive officer of the company. He was promoted to the rank of first lieutenant on 28 September 1968.
7. On 7 March 1969, he was reassigned as an assistant adjutant in Company D of the same battalion.
8. Officer evaluation reports from his Vietnam service are not available.
9. He departed Vietnam on 23 August 1969 and was transferred to Fort Lewis, Washington. He remained at Fort Lewis until he was honorably released from active duty on 28 August 1969 for the purpose of attending school. He had served 1 year, 11 months, and 1 day of active service as a commissioned officer and a total of 2 years, 8 months, and 19 days of total active service. He was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.
9. A review of the applicant's official records fails to show that he was ever awarded the CIB. Additionally, there is no evidence in the available records to establish that he engaged the enemy in combat.
10. 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 MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
11. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the official military personnel file, the military personnel records jacket, the career management individual file, and Army personnel qualification records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he fought with an infantry unit in Vietnam and should have been awarded the CIB is not in doubt, there simply is no evidence in the available records to support his claim or entitlement.
2. Therefore, in the absence of sufficient evidence to establish that he engaged the enemy in combat while assigned to an infantry unit, there appears to be no basis to grant his request at this time.
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 this requirement.
BOARD VOTE:
________ ________ __X_____ GRANT FULL RELIEF
________ ________ __ _____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____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) AR20090003550
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ABCMR Record of Proceedings (cont) AR20090003550
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