IN THE CASE OF:
BOARD DATE: 14 DECEMBER 2010
DOCKET NUMBER: AR20100014394
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).
2. He states:
* He served in the Republic of Vietnam (RVN)
* He served in combat areas on combat patrols from 9 October 1966 to August 1967
* He was assigned to the Signal Corps
3. He provides:
* His DD Form 214
* Copies of letters
* Copies of pictures
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 records show he enlisted in the Regular Army on
17 December 1964. He completed training in military occupational specialty (MOS) 31J (Teletypewriter (TT) Equipment Repairman).
3. His DA Form 20 (Enlisted Record Brief) shows:
a. Item 31 (Foreign Service) He served in the RVN from 8 September 1966 through 25 August 1967 and
b. Item 38 (Record of Assignments) - Headquarters and Company A, 704th Maintenance Battalion, 4th Infantry Division from 8 September 1966 to
21 August 1967 in MOS 31J, as a TT Equipment Repairman.
4. He submitted:
* Copies of 8 letters written between April 1967 and June 1967
* Copies of 6 pictures of a Soldier
5. He was honorably released from active duty on 16 December 1968 and transferred to the U.S. Army Reserve Control Group (Standby).
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB.
7. There are no orders in the available records that show the applicant was awarded the CIB. His records do not show any evidence he engaged in active ground combat while he was in the Republic of Vietnam, nor do his records show he served in an infantry MOS while assigned to an infantry unit.
8. Army Regulation 600-8-22 provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry 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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
9. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the CIB. Appendix 3 to Annex A of this regulation listed advisor positions which qualified for award of the CIB. The regulation authorized award of the CIB to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.
DISCUSSION AND CONCLUSIONS:
Although he submitted letters stating he went on combat patrols, his records do not show he was ever awarded either an infantry MOS or signal MOS O5B, no orders ever published awarding him the CIB, nor is there any evidence that shows he was assigned to an infantry ground combat unit or participated in enemy action. Therefore, there is no basis for granting 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) AR20100014394
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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