IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100012044
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 served as an infantryman with the 25th Infantry in Vietnam for 9 months and 24 days.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a letter from the National Personnel Records Center, dated 19 April 2010; and a copy of his DA Form 20 (Enlisted Qualification Record).
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 applicants military records show that he was inducted in the Army of the United States on 8 December 1967 for a period of 2 years. He was awarded military occupational specialty 11B (light weapons infantryman) and he served in Vietnam from 20 May 1968 to 8 November 1968. He was promoted to the rank/grade of sergeant (SGT)/E-5.
3. While in Vietnam the applicant served in an unknown duty position with Company D, 2nd Battalion, 27th Infantry from 20 May to 8 November 1968. He was subsequently transferred in a patient status to the 106th General Hospital in Japan, where he remained until his return to the United States.
4. On 13 March 1969, he departed Japan en route to Fort Benning, GA, where he was assigned as a senior rifleman with an infantry unit.
5. In the applicant's separation physical examination it was noted that the applicant had an operation of his knee in on 14 November 1968 to repair torn cartilage.
6. On 5 December 1969, the applicant was honorably released from active duty.
7. 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. Additionally, Appendix V of USARV 672-1 provides 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 was awarded an infantry MOS and was serving in an infantry unit for less than 6 months.
2. Unfortunately, there is no evidence to show that he served in active ground combat.
3. Without evidence that the applicant served in active ground combat, there is insufficient evidence in which 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) AR20100012044
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ABCMR Record of Proceedings (cont) AR20100012044
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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