IN THE CASE OF:
BOARD DATE: 6 April 2010
DOCKET NUMBER: AR20090017732
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 he held MOS 11B (Light Weapons Infantryman) and served as security police during combat in the Republic of Vietnam (RVN). He believes his combat time warrants award of the CIB.
3. The applicant provides a copy of his DD Form 4 (Enlistment Contract-Armed Force of the United States), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and Letter Orders Number 09-1290859 (Discharge from the USAR).
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 on 21 October 1969. He was trained in and awarded MOS 11B.
3. The DA Form 20 (Enlisted Qualification Record) shows:
* in item 38 (Record of Assignments) he was assigned to Vietnam with Company B, 6th Battalion, 31st Infantry, 3rd Infantry Brigade, with duty MOS 11B (Rifleman) from 2 July 1970 - 11 September 1970
* in item 38 he was assigned to Vietnam with the 13th Security Platoon, Detachment 1 with duty MOS 11B (Security Guard) from 12 September 1970 - 2 June 1971
* in item 41 (Awards and Decorations) no evidence that he was awarded the CIB
4. The applicant's record is void of any documentation showing he was wounded as a result of hostile action or received any decorations for valor or gallantry in combat action during his service in the RVN.
5. The applicant was honorably released from active duty on 7 June 1971. The CIB is not listed on his DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry and warrant officers and enlisted personnel who have an infantry MOS. Individuals must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the CIB was carefully considered but not supported by the evidence in this case.
2. The applicant was assigned to an infantry unit for 2 months until he was transferred to a Security Platoon.
3. The applicant's infantry MOS and his short assignment to an infantry unit in the RVN are not in question. However, there is no evidence in the available records showing he was an active participant in ground combat while assigned to an infantry unit. In the absence of evidence that he actively participated in ground combat while assigned to an infantry unit, 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) AR20090017732
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ABCMR Record of Proceedings (cont) AR20090017732
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