BOARD DATE: 8 April 2010
DOCKET NUMBER: AR20090019298
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 record to reflect award of the Combat Infantryman Badge (CIB).
2. The applicant states he was in combat and was given the CIB when he left the Republic of Vietnam (RVN).
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 was inducted into the Army of the United States and entered active duty on 8 October 1968. He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. A DA Form 20 (Enlisted Qualification Record) shows:
* in item 31 (Foreign Service) the applicant served in the RVN for the period 25 March 1969 through 19 July 1969
* in item 38 (Record of Assignments) during his service in the RVN he was assigned to Company B, 2d Battalion, 8th Cavalry, 1st Cavalry Division, with duty MOS 11B
* in item 41 (Awards and Decorations) no evidence that he was awarded the CIB
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the CIB.
5. The applicant's record is void of any documentation showing he served in active ground combat or received any decorations for valor or gallantry in combat action during his service in the RVN.
6. Army Regulation 600-8-22 (Military Awards) states the CIB 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. The regulation further states personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his record to reflect award of the CIB was carefully considered and not supported by the evidence in this case.
2. The applicant's infantry MOS and his assignment to a qualifying unit 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.
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