BOARD DATE: 8 March 2011
DOCKET NUMBER: AR20100021443
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 to be awarded the Combat Infantryman Badge (CIB).
2. The applicant states he served as an infantryman with a cavalry unit in Vietnam.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 military records show he was inducted into the Army of the United States on 9 April 1969, was awarded military occupational specialty (MOS) 11B (light weapons infantryman), and was promoted to pay grade E-3.
3. He was assigned to Company A, 1st Battalion, 12th Cavalry, as a rifleman on 9 October 1969. On 1 November 1969, his commander forwarded a recommendation to separate him from the Army due to unsuitability. His commander said a psychiatric evaluation determined the applicant had an inadequate personality and severe anxiety reaction to such a degree that further military duty would only aggravate his condition. His commander added, "He has been in Vietnam for slightly more than 1 month, served in the field for several days, was brought out for psychiatric evaluation in connection with a Congressional inquiry, and has been held in the rear pending receipt of the psychiatric evaluation." His commander added that the applicant had not been given any awards or decorations.
4. On 25 November 1969, the applicant was given a general discharge due to unsuitability. His DD Form 214 does not show the CIB.
5. On 7 June 1974, the applicant's general discharge was upgraded to an honorable discharge by this Board.
6. Army Regulation 600-8-22 (Military Awards) 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 satisfactorily in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
7. U.S. Army Vietnam Regulation 672-1 governed the awards program in the Army theater of operations during the Vietnam conflict. This regulation provided that the CIB was authorized to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
DISCUSSION AND CONCLUSIONS:
1. The applicant was an infantryman assigned to a cavalry unit in Vietnam. As such, he would be entitled to a CIB if he served satisfactorily in active ground combat.
2. According to his commander, he was only in the field for several days before being sent to the rear area to undergo psychiatric testing due to a severe anxiety reaction.
3. There is no evidence or indication the applicant served satisfactorily in active ground combat during the several days he was in the field.
4. 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) AR20100021443
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