IN THE CASE OF:
BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090018518
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge (CIB).
2. The applicant states the CIB was omitted from his records at the time of discharge; it was probably just a clerical error. He goes on to state that he was attached to the 325th Infantry Regiment, 82d Airborne Division while located in Chu Lai.
3. The applicant provides a copy of his DD Form 214 dated 28 May 1967.
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 14 August 1967 for a period of 3 years and training under the airborne enlistment option. He completed his basic training and advanced individual training (AIT) as a light weapons infantryman at Fort Ord, California and his airborne training at Fort Benning, Georgia before being transferred to Fort Bragg, North Carolina.
3. On 29 May 1968, he reenlisted for a period of 4 years and training as an electronics repairman. He was transferred to Fort Bliss, Texas on 20 September 1968 and completed his training as an electronics repairman. He was awarded the military occupational specialty (MOS) of an electronics repairman and his infantry MOS was withdrawn on 12 May 1969. He was immediately transferred to Vietnam where he remained for only 14 days in the overseas replacement detachment before being transferred to Madigan General Hospital, Tacoma, Washington for processing under the physical disability evaluation system for a knee injury incurred during a parachute jump at Fort Bragg that had become progressively worse.
4. On 24 October 1969, he was honorably discharged by reason of physical disability with severance pay (20%). He had served 2 years, 2 months, and 11 days of total active service of which 14 days were spent in Vietnam.
5. The available evidence does not show he was awarded the CIB. Additionally, the applicant did not possess an infantry MOS during the 14 days he served in Vietnam in the Replacement Detachment.
6. 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. 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 specialty, satisfactorily performed duty while assigned or attached as a member of an infantry 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 primary duty, in a unit actively engaged in ground combat with the enemy.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been awarded the CIB for his service in Vietnam has been noted and appears to lack merit.
2. The applicant did not possess an infantry MOS during the period he was assigned to Vietnam, nor was he assigned to a unit other than the Replacement Detachment.
3. Accordingly, it does not appear that he could have qualified for award of the CIB for his 14 days in Vietnam.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the applicants record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20090018518
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