IN THE CASE OF:
BOARD DATE: 3 August 2010
DOCKET NUMBER: AR20100007742
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).
2. The applicant states he was a stevedore [a laborer who loads and unloads vessels in a port], but he was also in combat.
3. The applicant provides no additional documents in support of his application.
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 was inducted into the Army of the United States on 11 August 1965. Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded military occupational specialty (MOS) 11B (Infantryman) on 24 December 1965.
3. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the 117th Transportation Company in Vietnam on 13 January 1966 as a supply handler in duty MOS 56A1O (Supply Handler).
4. His DA Form 20 shows he departed Vietnam on 2 January 1967 and was reassigned to Fort Hood, TX, as a rifleman in duty MOS 11B.
5. The applicant's DA Form 20 does not list the CIB in item 41 (Awards and Decorations). His personnel records do not contain orders which show he was awarded the CIB.
6. The applicant was released from active duty on 10 August 1967. His DD Form 214 shows entitlement to the following awards:
* Vietnam Service Medal with one bronze service star
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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 Regulation 672-1 (Decorations and Awards) 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 a stevedore, but was also in combat; however, the evidence of record does not confirm he was in combat.
2. The evidence of record shows the applicant completed infantry training and was awarded MOS 11B. However, he served in MOS 56A while performing the duties of a supply handler with the 117th Transportation Company during his tour of duty in Vietnam.
3. Army Regulation 600-8-22 governing award of the CIB requires service in an infantry duty position in an infantry unit engaged in active ground combat with the enemy. The applicant's service record does not contain sufficient evidence that shows he was engaged in actual ground combat while assigned to an infantry unit in Vietnam. Therefore, the applicant has not met all of the requirements for award of the CIB.
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) AR20100007742
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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