IN THE CASE OF:
BOARD DATE: 23 July 2009
DOCKET NUMBER: AR20090004281
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Combat Infantryman Badge (CIB).
2. The applicant states "I was in the 11th ACR working with the 25th Infantry [in] 1970 in the combat field in Di An, VN and I should have this award."
3. The applicant provides a letter from a reference librarian who sought information for the applicant concerning the location and activities of his unit in Vietnam, and his DD Form 214.
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 that he was inducted into the Army of the United States, on 3 September 1969. He was awarded the military occupational specialty (MOS) of light weapons infantryman and was promoted to pay grade E-4.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 10 February to 25 December 1970. From 21 February through 11 September 1970, he was assigned as a light truck driver in the 543rd Transportation Company, the 321st Transportation Company, and the 86th Transportation Company. He was assigned as a gunner and automatic rifleman with K Troop, 3rd Squadron, 11th Armored Cavalry from 12 September to 21 December 1970.
4. The applicant was honorably released from active duty on 23 June 1971 to attend civilian school.
5. There are no orders awarding the applicant the CIB in his records.
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 awarding the applicant the CIB.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant held the MOS of infantryman and served in a unit which would qualify for award of the CIB.
2. However, the applicant did not provide and there is no evidence of record to show that he served in active ground combat during his 3 months of performing duties as an infantryman.
3. Without evidence that the applicant served in active ground combat, there is insufficient evidence on which to base award of the CIB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___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 our Nation. 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) AR20090004281
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090004281
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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