BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090008996
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, the mother of the deceased former service member (FSM), requests correction of her sons records to show award of the Combat Infantryman Badge (CIB).
2. The applicant states that the FSM received the CIB for bravery, but it was not recorded in his records.
3. The applicant provides a letter from the FSMs former commanding officer, dated 8 June 1967; the FSMs death certificate; general orders awarding the FSM the Bronze Star Medal with V Device, dated 20 September 1967; a photograph of the FSM; and a military magazine article.
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 FSM enlisted in the Regular Army on 9 August 1966. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 64A (light vehicle driver).
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 31 December 1966 with the 24th Transportation Company (Light Truck) as a light truck driver in duty MOS 64A.
4. His DA Form 20 does not list the CIB in item 41 (Awards and Decorations). There are no orders in the FSMs personnel records which show he was awarded the CIB.
5. In an 8 June 1967 letter, the commanding officer of the Task Force McDonald Company indicated that the CIB was awarded to the FSM for outstanding marksmanship against the Viet Cong in ground combat. The commanding officer stated the FSM shot and killed Viet Cong as they were infiltrating into the base camp at Duo Pho.
6. Orders published on 20 September 1967 awarded the FSM the Bronze Star Medal with V Device for actions on 7 May 1967 in Vietnam. The citation indicated the FSM distinguished himself by heroic actions while serving as driver of a convoy patrol jeep traveling between Vung Ro and Tuy Hoa.
7. The FSM was discharged on 14 January 1969 for immediate reenlistment. His DD Form 214 for the period ending 14 January 1969 does not show entitlement to the CIB. He reenlisted on 15 January 1969 and he was discharged on 26 September 1969. His DD Form 214 for the period ending
26 September 1969 does not show entitlement to the CIB.
8. 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 CIB 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's contention that the FSM received the CIB for bravery, but it was not recorded in his records is noted. However, there is insufficient evidence on which to grant the relief requested in this case.
2. To support award of the CIB, the FSM was required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and he must have actively participated in such ground combat.
3. The available evidence shows the FSM served as a light truck driver in MOS 64A and he was assigned to the 24th Transportation Company during his tour in Vietnam.
4. Although the applicant provided a letter from the FSMs former commanding officer, there are no orders which show the FSM was awarded the CIB or that he met the requirements for award of the CIB. Regrettably, there is no basis on which to correct the FSMs records to show 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 FSM in service to our Nation. The FSM 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.
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