IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100024177
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Combat Infantryman Badge (CIB).
2. The applicant states he spent more than enough time in combat in Vietnam. He adds he needs the CIB because he has applied for a Department of Veterans Affairs disability for post-traumatic stress disorder and depression.
3. The applicant provides his DD Form 214.
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 applicants military records show he was inducted into the Army of the United States on 16 March 1971 and he was awarded military occupational specialty MOS 11B (Light Weapons Infantryman). He served in Vietnam from
17 August 1971 to 21 June 1972, and he was promoted to pay grade E-4.
3. While in Vietnam the applicant was assigned to infantry units in duty MOS 11B as a rifleman.
4. The applicant's records do not contain orders awarding him the CIB, and his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the CIB.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.
DISCUSSION AND CONCLUSIONS:
1. While in Vietnam, the applicant held the MOS of an infantryman, he was assigned to an infantry unit, and he served as a rifleman.
2. As such, he would be entitled to a CIB if there was evidence that he served in active ground combat. Unfortunately, there is no such evidence available.
3. In the absence of orders awarding the applicant the CIB or evidence to show he served in active ground combat there is insufficient evidence in which to grant his 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 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) AR20100024177
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ABCMR Record of Proceedings (cont) AR20100024177
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