IN THE CASE OF:
BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100010460
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 the CIB is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides a copy of his DD Form 214, Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), and a letter from the National Personnel Records Center (NPRC), dated 18 January 2010.
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 on
28 November 1967. He completed initial entry training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 31 May 1968 to 30 May 1969.
The CIB is not included in the list of awards contained in item 41 (Awards and Decorations) of his DA Form 20.
4. His Official Military Personnel File (OMPF) is void of orders or any other document that would indicate he was recommended for or awarded the CIB.
5. On 26 November 1969, he was honorably released from active duty by reason of expiration of his term or service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the CIB.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the CIB pertaining to the applicant.
7. The applicant provided a VA Form 21-4138 in which he essentially states he is entitled to the CIB because he engaged the enemy while in the Republic of Vietnam. He also provided a letter from the NPRC that states no records were found by the NPRC showing he is authorized the CIB.
8. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the CIB has been carefully considered.
2. The evidence shows he was awarded an infantryman MOS. However, it does not sufficiently show that he ever engaged in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
3. His OMPF is void of any orders or other documents that indicate he was recommended for or awarded the CIB. In the absence of corroborating evidence showing he was awarded or recommended for award of the CIB or that he ever engaged in active ground combat, his self-authored statement is insufficient to support awarding him the CIB in this case.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20100010460
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ABCMR Record of Proceedings (cont) AR20100010460
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