IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090020108
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 29 June 1973 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).
2. The applicant states he believes his unit was awarded the CIB retroactively after he was released, and because of this his DD Form 214 does not reflect this award. He states this is an injustice and without the award his application for his diagnosed post-traumatic stress disorder service-connected disability is jeopardized.
3. The applicant provides a copy of his DD Form 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 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's military records show he enlisted in the Regular Army on
23 September 1971. After completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman). The applicant served in Vietnam from 23 February 1972 to
2 August 1972. He was honorably released from active duty on 29 June 1973.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 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. There are no records available, such as the applicants DA Form 20 (Enlisted Qualification Record), that show his unit of assignment while assigned in the Republic of Vietnam.
5. 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 military occupational specialty (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 maintains that his unit was awarded the CIB retroactively. However, the CIB is awarded to individuals and not units. Additionally, there is no evidence in the available records and he did not provide any evidence to show he met the eligibility criteria for award of the CIB. The available evidence does not show the applicant served in an infantry unit of regimental size or smaller while engaged in active ground combat with such an infantry unit.
2. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. Every case is individually decided based upon evidence of records and evidence submitted by the applicant.
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) AR20090020108
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