DOCKET NUMBER: AR20090004779
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 was never awarded the CIB.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of his DA Form 24 (Service Record) and a copy of his DA Form 20 (Enlisted Qualification Record).
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 11 February 1941 and was inducted into the Army of the United States on 15 November 1963. He completed his basic training at Fort Dix, New Jersey, and his advanced individual training and parachutist training at Fort Benning, Georgia, before being transferred to Fort Campbell, Kentucky, for assignment to Company B, 2nd Battalion, 327th Infantry Regiment, as a light weapons infantryman. He was advanced to the pay grade of E-3 on 13 October 1964.
3. The applicant departed for Vietnam with his unit on 29 July 1965 and remained in Vietnam until 9 November 1965 when he was transferred to Oakland Army Base, California, and was honorably released from active duty (REFRAD) due to the expiration of his term of service on 15 November 1965. He had served 2 years and 1 day of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded marksmanship qualification badges and the parachutist badge.
4. There is no indication in the available records to show that he was ever awarded the CIB or that he was cited for his participation in combat against the enemy during his 3 months and 12 days in Vietnam.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. While the applicant was an infantryman assigned to an infantry company in Vietnam, he has failed to show through the evidence of record and the evidence submitted with his application that he ever engaged the enemy in Vietnam to the extent that he would qualify for award of the CIB.
3. Therefore, absent such evidence, there appears to be no basis to grant his request at this time.
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 his 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) AR20090004779
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ABCMR Record of Proceedings (cont) AR20090004779
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