IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100010859
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 that his records be corrected to reflect awards of the Combat Infantryman Badge (CIB) and the Army Commendation Medal (ARCOM) with V Device.
2. The applicant states that he was awarded the CIB and the ARCOM with V Device; however, they were not included 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
* A copy of a Vietnam Combat Certificate
* A copy of an ARCOM citation and certificate
* A copy of a combat stressor document prepared by the applicant
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 and his twin brother were inducted in Albuquerque, New Mexico on 15 December 1966. They were transferred to Fort Bliss, Texas to undergo their basic training. The applicant completed his basic training and was transferred to Fort Huachuca, Arizona to undergo his advanced individual training as a supply clerk.
3. The applicant subsequently served at Fort Meade, Maryland and Fort Hood, Texas before being transferred to Vietnam on 14 October 1968. He was assigned the duties of a supply clerk in Headquarters and Headquarters Company, 13th Signal Battalion, 1st Cavalry Division. He was advanced to the pay grade of E-4 on 27 December 1968 and he departed Vietnam on 13 May 1969 for Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 11 months, and 22 days of total active service and had 157 days of lost time due to AWOL and confinement.
4. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Vietnam Service Medal, the National Defense Service Medal, the Vietnam Campaign Medal, and the ARCOM.
5. General Orders Number 4573 issued by Headquarters 1st Cavalry Division on 13 April 1969 awarded the applicant the ARCOM for meritorious service from October 1968 to May 1969.
6. A search of the applicants official records failed to show that the applicant was ever awarded an infantryman military occupational specialty (MOS) or that he was ever awarded a CIB or an ARCOM with V Device.
7. A search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce an order which awarded the applicant the ARCOM with V Device.
8. 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 personnel who have an infantry or MOS. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was awarded the CIB and the ARCOM with V Device has been noted and appears to lack merit.
2. The applicant has failed to show through the evidence submitted with his application, and there is no evidence of record to show, that he was awarded the CIB and the ARCOM with V Device.
3. There simply are no orders to show that he was awarded the CIB and the ARCOM with V Device and the evidence is absent any evidence to show that he was even qualified to be awarded the CIB for his service in Vietnam because there is no evidence to show that he served as an infantryman.
4. Therefore, in the absence of competent orders and evidence, there appears to be no basis to grant his 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) AR20100010859
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ABCMR Record of Proceedings (cont) AR20100010859
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