IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100022320
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 record to show he was awarded the Combat Infantryman Badge (CIB).
2. The applicant states his records were lost for some time after he returned from Vietnam.
3. The applicant provides a copy of a 1st Cavalry Division (Airmobile) Vietnam Combat Certificate showing he served in Vietnam with the 229th Aviation Battalion from June 1967 to June 1968.
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. The applicant was inducted into the Army of the United States on 20 January 1967. After completing initial entry training he was awarded military occupational specialty (MOS) 76W (Petroleum Supply Specialist). He was honorably released from active duty on 17 January 1969 after completing 1 year, 11 months, and
28 days of active military service.
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam with Company D, 229th Aviation Battalion, 1st Cavalry Division (Airmobile) from 28 June 1967 to 22 June 1968 in MOS 76W.
4. His record is void of documentation showing he served in an infantry unit or held an infantry MOS during his Army service.
5. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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 (USARV) Regulation 672-1 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 evidence does not support the applicant's request for correction of his record to show he was awarded the CIB.
2. He did not serve in an infantry unit, nor did he hold a qualifying MOS for award of the CIB.
3. In view of the foregoing, there is no basis for granting the 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) AR20100022320
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ABCMR Record of Proceedings (cont) AR20100022320
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