IN THE CASE OF:
BOARD DATE: 22 December 2009
DOCKET NUMBER: AR20090012532
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 commanding officer promised him the CIB when he was being discharged from Vietnam.
3. The applicant provides no additional documents 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. The applicant enlisted in the Regular Army (RA) on 30 April 1960. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 111.10 (light weapons infantryman). He was released from active duty on 2 May 1963 and was transferred to the U.S. Army Reserve Control Group (Reinforcement) on the following day. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 May 1963 does not show entitlement to the CIB.
3. The applicant enlisted in the RA again on 17 June 1963. He completed training as a general supply specialist and was awarded MOS 76K.
4. Headquarters, 1st Missile Battalion, 62nd Artillery Special Orders Number 209, dated 23 November 1965, show the applicant was awarded MOS 76D (Ordnance Supply and Parts Specialist) and MOS 76K was withdrawn as his primary MOS
5. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 24 December 1965 through 11 June 1966 with Company B, 701st Maintenance Battalion as an ordnance supply and parts specialist in
MOS 76D.
6. His DA Form 20 does not list the CIB in item 41 (Awards and Decorations). There are no orders in the applicant's personnel records which show he was awarded the CIB.
7. The applicant was released from active duty on 11 June 1966. His DD Form 214 ending this period 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 contends that his commanding officer promised him the CIB when he was being discharged from Vietnam. However, there is insufficient evidence which substantiates his claim.
2. To support award of the CIB, the applicant is 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 applicant served in MOS 76D as an ordnance supply and parts specialist while assigned to Company B, 701st Maintenance Battalion during his tour in Vietnam. Therefore, the applicant has not met the requirements for award of the CIB.
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.
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