IN THE CASE OF:
BOARD DATE: 29 April 2010
DOCKET NUMBER: AR20090018094
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 records to show award of the Combat Infantryman Badge (CIB).
2. The applicant states he was awarded the CIB while he was assigned to the 25th Infantry Division in the Republic of Vietnam (RVN), but there is no record of this award.
3. The applicant submitted no additional documents in support of this 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 enlisted in the Regular Army on 18 September 1962. He completed the required training and was awarded military occupational specialty (MOS) 36A (wireman). He was honorably discharged on 5 September 1965. He subsequently enlisted on 1 March 1966 and served in MOS 31G (Tactical Communications Chief).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN during the following periods:
* 17 March 1966-13 September 1967, 1st Battalion, 27th Infantry Regiment, with duties as a wireman
* 22 August 1968-21 August 1969, 11th Armored Cavalry Regiment, with duties as a communications sergeant
* 2 December 1970-8 April 1971, 242nd Aviation Company, with duties as a communications sergeant
4. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that Special Order Number 222, Headquarters, 25th Infantry Division, dated 1966, awarded him the CIB.
5. The CIB entry on the applicant's DA Form 20 is not supported by any other evidence of record.
6. On 5 October 1973, the applicant was honorably discharged. He had completed 10 years, 11 months, and 11 days of active military service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he was credited with five campaigns, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), two letters of appreciation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), a letter of commendation, a certificate of achievement, and the Bronze Star Medal with "V" Device with 1st Oak Leaf Cluster. This DD Form 214 does not show he was awarded the CIB.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge 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) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
Although the applicant's DA Form 20 shows award of the CIB, there is no corroborating evidence to verify the basis for this entry. The available evidence shows the applicant served in an infantry unit. However, the evidence does not show that he held an infantry MOS while serving with his unit. Regrettably, there is insufficient evidence on which to base 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) AR20090018094
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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