BOARD DATE: 27 April 2010
DOCKET NUMBER: AR20090018351
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) for his service in Vietnam.
2. The applicant states he was awarded the CIB on 27 December 1967 for his service with the 1st Cavalry Division (Infantry).
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a letter from a former fellow Soldier addressed to the Department of Veterans Affairs.
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 applicants military records are not available to the Board. This case is being considered using the applicants DD Form 214.
3. The applicants DD Form 214 shows he was inducted into the Army of the United States on 29 December 1965 and he was released from active duty on
29 December 1967.
4. His DD Form 214 shows he completed 10 months and 15 days of foreign service in the U.S. Army Pacific (USARPAC).
5. Item 4 (Department, Component and Branch or Class) of his DD Form 214 shows his branch as Artillery.
6. Item 23a (Specialty Number and Title) on his DD Form 214 shows his military occupational specialty (MOS) as 13F (automatic weapons crewman).
7. His DD Form 214 shows his last duty assignment and major command as Battery C, 1st Battalion, 44th Artillery in the U.S. Army Vietnam.
8. There is no evidence the applicant was awarded the CIB by official orders. There is no evidence which shows the applicant was awarded an infantry MOS and was engaged in active ground combat while assigned to an infantry unit in Vietnam.
9. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the CIB.
10. The applicant provided a letter from a former fellow Soldier in which he states the following:
a. He served with the applicant in Vietnam for approximately 3 months in 1967,
b. The applicant operated a tank when they went on operations,
c. The applicant served guard duty in fox holes and walked with him and others as a rifleman, and
d. The applicant deserves the CIB based on Army Regulation 600-8-22 (Military Awards) because he earned it.
11. Army Regulation 600-8-22 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 (USARV) Regulation 672-1 states 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:
1. The applicant contends he was awarded the CIB on 27 December 1967 for his service with the 1st Cavalry Division. However, the applicants service record does not support his claim.
2. The letter from the former fellow Soldier is acknowledged. However, this document alone is insufficient as a basis to grant award of the CIB in this case.
3. The applicants DD Form 214 shows he was awarded MOS 13F and his last duty assignment in Vietnam was with Battery C, 1st Battalion, 44th Artillery.
4. The Army regulation governing award of the CIB requires service in an infantry MOS assigned or attached to an infantry unit engaged in active ground combat with the enemy. However, there is insufficient evidence available which shows he met any of the criteria in Vietnam. Therefore, there is insufficient evidence to grant the applicant's requested relief.
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) AR20090018351
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