IN THE CASE OF:
BOARD DATE: 31 November 2010
DOCKET NUMBER: AR20100014960
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 that he engaged in combat and should have been awarded the CIB.
3. The applicant provided an extract copy of item 38 (Record of Assignments) 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 applicant's 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 applicant's 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 record shows he was inducted into the Army of the United States for 2 years on 20 June 1967. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 shows he served in Vietnam from 30 November 1967 to 16 November 1968. While in Vietnam he was assigned to:
* Company B, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade from 30 November 1967 through 28 June 1968 as a light weapons infantryman and an ammunition bearer
* Headquarters and Headquarters Company, 196th Infantry Brigade from
29 June to 16 November 1968 as a light weapons infantryman
4. The applicant was honorably released from active duty on 20 March 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M16)
6. There are no official orders in the applicant's records awarding him the Combat Infantryman Badge.
7. A review of the available records does not show the applicant was engaged in active ground combat while he was in Vietnam.
8. Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any award of the Combat Infantryman Badge pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge 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 during such time as the unit was engaged in active ground combat; and they must have been present with their qualifying infantry unit and participated actively in such ground combat. Combat service or campaign credit alone is not sufficient to award the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Combat Infantryman Badge has been carefully considered; however, there is insufficient evidence to support this request.
2. The applicant's infantry MOS and assignment to an infantry unit in Vietnam are not in question. However, there is no evidence in the available records, and the applicant did not submit any evidence, to specifically substantiate his engagement in active ground combat with an infantry unit of brigade or smaller size while in Vietnam. Absent this evidence, there is insufficient evidence upon which to award 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) AR20100000695
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100014960
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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