BOARD DATE: 26 October 2010
DOCKET NUMBER: AR20100012501
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 he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states while he was attached to the 196th Light Infantry Brigade he was awarded the Bronze Star Medal (BSM), and he should have been awarded the CIB.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his BSM certificate and citation.
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 enlisted in the Regular Army on 30 September 1968, was awarded the military occupational specialty (MOS) of intermediate speed radio operator, wheel vehicle mechanic and then general vehicle repairman. He served in Vietnam from 1 May 1969 to 6 April 1970 while assigned to Headquarters and Headquarters Company, 2nd Battalion, 1st Infantry, 196th Infantry Brigade as a senior vehicle repairman, and was promoted to pay grade E-5.
3. The applicant was awarded the BSM for meritorious service for the period May 1969 to April 1970.
4. He was honorably released from active duty on 26 September 1971. The DD Form 214 he was issued showed his MOS as general vehicle repairman.
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. 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 did not hold an infantry MOS. As such, he is not entitled to the CIB.
2. In view of the foregoing, there is no basis for granting the applicants 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) AR20100012501
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ABCMR Record of Proceedings (cont) AR20100012501
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