IN THE CASE OF:
BOARD DATE: 12 January 2011
DOCKET NUMBER: AR20100017717
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 served as an infantryman for more than 7 months while in Vietnam. During this period, he was involved in hostile fire and combat operations with the enemy.
3. He provides a copy of:
* a DD Form 47 (Record of Induction)
* a DA Form 20 (Enlisted Qualification Record)
* a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a decision rating letter from the Department of Veterans Affairs (VA), Los Angeles, CA, dated 21 July 2009
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. He provided a copy of a DD Form 47 which shows he was inducted into the Army of the United States on 30 March 1971. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His record contains and he also provided a copy of a DA Form 20 which shows in item 31 (Foreign Service) he served a tour of duty in Vietnam during the period 21 August 1971 to 26 March 1972.
4. Item 38 (Record of Assignments) of his DA Form 20 shows that during the period 1 September 1971 through 25 March 1972, he performed duties in MOS 11C (Indirect Fire Infantryman) and he was assigned to B Troop, 1st Squadron, 1st Cavalry Regiment, 196th Infantry Brigade.
5. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the CIB.
6. His record contains and he also provided a copy of his DD Form 214. This form shows he was honorably released from active duty on 29 March 1973. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this form does not show award of the CIB.
7. His records contain a copy of General Orders Number 00791, issued by Headquarters, 196th Infantry Brigade, dated 21 February 1972, which shows he was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 20 August 1971 to 20 February 1972. This award does not indicate he was engaged in active ground combat.
8. His record does not contain any information and he has not provided any to show he was cited for any acts of valor or received any awards for participating in active ground combat against an enemy during this period of his military service.
9. He provided a copy of his VA decision rating letter which shows he was granted a service-connected disability, effective 18 August 2008, for post traumatic stress disorder and bilateral hearing loss.
10. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving in Vietnam. Although he served in an infantry MOS and was assigned to an infantry unit during his tour in Vietnam, his record is void of any evidence to show he served in active ground combat.
2. In view of the foregoing, there is an insufficient 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) AR20100017717
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ABCMR Record of Proceedings (cont) AR20100017717
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