IN THE CASE OF:
BOARD DATE: 18 June 2009
DOCKET NUMBER: AR20090003926
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 (CIB).
2. The applicant states that his DA Form 20 (Enlisted Qualification Record) shows award of the CIB, but it is not listed on his DD Form 214 (Report of Separation from Active Duty) or his DD Form 215 (Correction to DD Form 214).
3. The applicant provides a copy of his DD Form 214, DD Form 215, and a copy of page 1 and page 4 of his DA Form 20.
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's military records show he enlisted in the Regular Army on
31 January 1968. After completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver) which was later withdrawn and he was subsequently awarded MOS 11D (Armor Reconnaissance Specialist). He served in the Republic of Vietnam from 21 June 1968 to 13 January 1970 and was assigned to the 11th Armored Cavalry Regiment (ACR). On 10 February 1971, the applicant was discharged with a characterization of service listed as under other than honorable conditions which was later upgraded to honorable by the Army Discharge Review Board.
3. The applicant's DA Form 20, item 41 (Awards and Decorations) shows that he was awarded the CIB by Special Orders 329, Headquarters, 11th ACR. This form also shows a "Yes" in the "issued" block indicating that the applicant received the CIB. The available records do not contain the applicants DA Form 20 or Special Orders 329.
4. There are no orders awarding the applicant the CIB. There is also no evidence to show the applicant was assigned to an infantry unit and participated in active ground combat while assigned in the Republic of Vietnam.
5. 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. Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
6. United States Army Republic of Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provides, in pertinent part, guidance on the award of the CIB during Vietnam. Appendix V, of the regulation, provides an example of the term "smaller size" infantry unit. The regulation states that a person possessing an infantry MOS in a rifle squad or a cavalry platoon of an armored cavalry troop would be eligible for award of the CIB if other criteria are also met.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the entry in item 41 of the applicants DA Form 20, there is no convincing evidence that the applicant was awarded the CIB. There are no orders awarding the applicant the CIB. There is no evidence to show what subordinate unit of the 11th ACR the applicant was assigned to. Additionally, there is no evidence that he was personally present and participated in active ground combat while assigned to the 11th ACR.
2. In view of the foregoing the available evidence is not sufficient to grant the applicant's request.
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) AR20090003926
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ABCMR Record of Proceedings (cont) AR20090003926
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