IN THE CASE OF:
BOARD DATE: 30 November 2010
DOCKET NUMBER: AR20100014338
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. He states he was an 11C (Indirect Fire Infantryman) assigned in the field while in combat.
3. He provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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's military records show he was inducted into the Army of the United States on 27 March 1969. After completing his basic and advanced individual training, he was awarded military occupational specialty (MOS) 76A (Supply Clerk) that was later designated as 76Y with the same MOS title.
3. Special Orders Number 27, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 31 January 1970, awarded the applicant the secondary MOS of 11C, effective 26 January 1970.
4. Item 22 (MOS) of his DA Form 20 shows his primary MOS as 11C, effective 26 January 1970 and secondary MOS as 76Y (no effective date); however, the special orders in the preceding paragraph show MOS 11C was awarded as his secondary MOS. Additionally, item 38 (Record of Assignments) of his DA
Form 20 shows that on 7 July 1970, he was assigned to Troop B, 1st Squadron, 10th Cavalry, 4th Infantry Division, Vietnam, in duty MOS 76Y as an Armorer. He served in Vietnam from 24 June 1970 to 28 March 1971. He was honorably released from active duty on 29 March 1971.
5. Item 23 (Specialty Number and Title) of his DD Form 214 shows his MOS as 11C; however, there is no evidence of record that shows he was awarded MOS 11C as his primary MOS.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the CIB. The applicant's military service records do not contain any orders awarding him the CIB.
7. 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 evidence of record shows he served in a supply MOS while assigned to an infantry unit in Vietnam. Although he held an infantry secondary MOS, there is insufficient evidence in the available records and he did not submit evidence that shows he performed duties in an infantry MOS while assigned to his infantry unit, or that he was personally present and under hostile fire while serving in an assigned infantry duty and engaged in active ground combat with the enemy.
2. Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100014338
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ABCMR Record of Proceedings (cont) AR20100014338
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