IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100019692
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 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. The applicant states he was awarded the CIB at Slack Fire Base in Vietnam. He states he had the CIB documentation but it was destroyed.
3. The applicant provides copies his DD Form 214, three buddy letters, and copies of photos.
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 on 17 July 1968. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) that he served in Vietnam from
15 December 1968 through12 December 1969;
b. item 38 (Record of Assignment) that he was assigned to Headquarters and Headquarters Company, 20th Engineer Battalion with duty in MOS 62B10 (Engineer Equipment Repairmen) on 22 December 1968, and Company A, 1st Battalion, 22d Infantry, 4th Infantry Division with duty in MOS 11B10 (Rifleman) 10 May 1969, and
c. item 41 (Awards and Decorations) he National Defense Service Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Service Medal, two Overseas Service Bars.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 1 June 1970. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Republic of Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Campaign Medal with 60 Device.
5. There are no official orders or other evidence in the applicant's records that show he was awarded the CIB.
6. 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 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 CIB.
7. He provides buddy letters from fellow Soldiers who claim to have served with him, but none repeat his assertion that he was awarded the CIB. The letters describe various situations they encountered, but none specifically attest to the applicant's participation in active ground combat.
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. However, it neither reinforces his report that he was awarded the CIB nor sufficiently shows that he ever engaged in active ground combat. Therefore, his request that award of the Combat Infantryman Badge be shown on his DD Form 214 should be denied.
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
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ABCMR Record of Proceedings (cont) AR20100019692
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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