IN THE CASE OF:
BOARD DATE: 23 March 2010
DOCKET NUMBER: AR20090016519
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 he received the CIB, but never received orders. He states he was a mechanic assigned temporarily to A Troop, 1st Squadron, 11th Cavalry and he performed equipment repairs in the field during firefights, mortar and rocket attacks, and driving over mines with tanks. He needs his CIB to validate his post-traumatic stress disorder claim with the Veterans Administration (VA).
3. The applicant provides a typed statement and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 record shows he enlisted in the Regular Army for 3 years on 23 September 1968. He completed basic combat training, advanced individual training, and basic airborne training and was awarded military occupational specialty (MOS) 63H2P (Tracked Vehicle Mechanic).
3. The applicants records show he served in Vietnam from 30 April 1969 through 6 April 1970 with the 140th Heavy Equipment Maintenance Company and the 135th Maintenance Company.
4. Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the CIB.
5. There are no orders in the applicants personnel records to show that he was awarded the CIB.
6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the CIB. Item 22 (Military Occupational Specialties) does not show that he was ever an infantryman.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That paragraph states that there are basically three requirements for award of the CIB: an infantryman satisfactorily performing infantry duties; assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. 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, 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. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the CIB.
2. The applicants record is void of permanent orders that show he was awarded the CIB. Furthermore, there is no evidence in the available records and the applicant did not submit any substantiating evidence that shows he held an infantry MOS, or was personally present and under hostile fire while assigned to an infantry unit that was actively engaged in ground combat with the enemy. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit and holding an infantry MOS, there is insufficient evidence upon which to base award of the CIB in this case.
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) AR20090016519
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