BOARD DATE: 9 December 2010
DOCKET NUMBER: AR20100015618
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, award of the Combat Infantryman Badge.
2. The applicant states he fought with the 1st Battalion, 506th Infantry, 101st Airborne Division, and the 17th Infantry Division. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) has bronze battle stars shown on it.
3. The applicant provided copies of three letters he wrote to his family while he served in Vietnam.
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 27 April 1971. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 25 September 1971 to 7 August 1972. While in Vietnam he was assigned to three separate infantry units as a light weapons infantryman.
4. The applicant was honorably released from active duty on 26 April 1973 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete the remainder of his service obligation.
5. The applicant's DD Form 214 shows he received the following awards:
* Vietnam Service Medal with one bronze service star
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
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. The applicant provided copies of three letters he wrote to his family while serving in Vietnam. In one of the letters he states, "I got my CIB (Combat Infantryman Badge) last week."
9. A 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 Combat Infantryman Badge orders on file for the applicant.
10. 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 to specifically substantiate his engagement in active ground combat with an infantry unit of brigade or smaller size while in Vietnam.
3. In view of the foregoing, there is no basis for granting the applicant's 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 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
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ABCMR Record of Proceedings (cont) AR20100015618
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