BOARD DATE: 22 September 2009
DOCKET NUMBER: AR20090008200
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 his military occupational specialty (MOS) was 11B (light weapons infantryman) and that he served in several firefights in Vietnam with Company D, 4th Battalion (Airborne) Infantry, 173rd Airborne Brigade, from 13 April 1969 through 16 April 1970. He further states he is eligible for the CIB based on combat experience and MOS.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his DA Form 20 (Enlisted Qualification Record) in support of his application.
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. On 10 September 1968, the applicant enlisted in the Regular Army (RA) in Los Angeles, California, for 2 years, in the pay grade of E-1. He successfully completed his training as a light weapons infantryman. He was transferred to Vietnam on 13 April 1969 and he was assigned to Company D, 4th Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade on 17 April 1969.
3. The applicant returned to the continental United States on 8 April 1970. On 10 April 1970, he was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 5, as an overseas returnee.
4. The DD Form 214 that he was furnished at the time of his REFRAD does not show award of the CIB.
5. A review of the available records do not show that the applicant engaged in active ground combat while he was in Vietnam.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the CIB based on his combat experience and MOS.
2. His contentions have been noted. However, there is no evidence in the available records, nor has the applicant submitted any evidence that shows he was engaged in active ground combat while he was in Vietnam. Additionally, being in a combat environment does not, in and of itself, meet the criteria of being engaged in active ground combat with his infantry unit. Therefore, it does not appear that he met all the requirements for award of the CIB.
3. In order to justify correction of a military record the applicant must show 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.
4. In view of the foregoing, there is no basis for granting the applicants 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) AR20090008200
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