IN THE CASE OF:
BOARD DATE: 22 February 2011
DOCKET NUMBER: AR20100020240
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. He states he served as a combat infantryman in the 2nd Battalion, 12th Cavalry, in An Khe, Vietnam, from 1965 to 1966 and was involved in direct combat with the enemy.
3. He provides no additional evidence.
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 was inducted into the Army of the United States on 18 September 1964. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 36A (Wireman).
3. He served in Vietnam from 15 August 1965 to on or about 31 July 1966 with Company C, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division. He performed duties in duty MOS 36A as a wireman.
4. His DA Form 20 (Enlisted Qualification Record) does not list the CIB in item 41 (Awards and Decorations). His personnel records do not contain orders which show he was awarded the CIB.
5. He was released from active duty on 1 August 1966. His DD Form 214 does not show entitlement to the CIB.
6. Army Regulation 600-8-22 (Military Awards) states 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) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he served as a combat infantryman and was involved in direct combat with the enemy. However, there is insufficient evidence on which to correct his record to show award of the CIB in this case.
2. To support award of the CIB, he is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat and he must have actively participated in such ground combat.
3. The evidence of record shows he served as a wireman in duty MOS 36A while assigned to Company C, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division, during his tour in Vietnam. Therefore, he does not meet the requirements for award of the CIB.
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) AR20100020240
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ABCMR Record of Proceedings (cont) AR20100020240
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