IN THE CASE OF:
BOARD DATE: 20 April 2010
DOCKET NUMBER: AR20090018056
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).
2. The applicant states he was assigned to Company C, 54th Infantry, and Company D, 51st Infantry, while he served in Vietnam in duty military occupational specialty (MOS) 11B1O (light weapons infantryman) as a rifleman.
3. The applicant provides a copy of his DD Form 214 and page 3 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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 29 December 1965. At the completion of basic combat training and advanced individual training, he was awarded MOS 11B.
3. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the following units in Vietnam:
* Company C, 54th Infantry (28 November 1966 to 11 June 1967 - grenadier)
* Company D, 51st Infantry (12 June 1967 to 31 October 1967 - rifleman)
4. The applicant's DA Form 20 does not list the CIB in item 41 (Awards and Decorations). His service personnel record does not contain orders which show he was awarded the CIB.
5. The applicant was released from active duty on 2 November 1967. His DD Form 214 does not show entitlement to the CIB.
6. Army Regulation 600-8-22 (Military Awards) states 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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states 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 service record confirms he was assigned to Company C, 54th Infantry, and Company D, 51st Infantry, during his tour of duty in Vietnam in the duty MOS of rifleman.
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 evidence of record does not show the applicant actively participated in ground combat while serving with his units in Vietnam. Therefore, he has not met all of 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.
ABCMR Record of Proceedings (cont) AR20090018056
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ABCMR Record of Proceedings (cont) AR20090018056
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