IN THE CASE OF:
BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090019438
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 Unites States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).
2. The applicant does not submit a statement to support his request.
3. The applicant provides copies of his DD Forms 214.
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's military records show he was inducted into the Army of the United States on 29 July 1969. After completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). The applicant served in Vietnam from 16 January 1970 to 8 December 1970. He was discharged on 30 March 1970 for immediate enlistment in the Regular Army on 31 March 1970. He was honorably released from active duty on 18 January 1973.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Forms 214 does not show the award of the CIB. The applicant's military service records do not contain any orders awarding him the CIB.
4. The applicant's DA Form 2-1 (Personnel Qualification Record) shows that he was assigned to Company A, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division, Vietnam, as an 11B effective 31 January 1970.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he served in an infantry MOS and was assigned to an infantry unit. However, the evidence of record does not confirm that the applicant was personally present and participated in active ground combat while assigned to Company A, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division.
2. A Soldier serving in an infantry MOS in an infantry unit alone is insufficient to warrant award of the CIB. In all cases, the burden of proof rests with the applicant to submit substantiating proof of entitlement for awards in the absence of evidence in his or her records. The applicant did not provide any documentation and his records do not contain any evidence to support or clearly show that he was personally present and participated in active ground combat during his service in Vietnam.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090019438
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ABCMR Record of Proceedings (cont) AR20090019438
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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