IN THE CASE OF:
BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20100024468
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states he served two tours in Vietnam with the 1st Cavalry Division and he should have been awarded the CIB for the time he served as an infantryman.
3. The applicant provides a copy of 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 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 enlisted in the Regular Army in Richmond, VA on 4 October 1966 for a period of 3 years. He completed his basic training at Fort Bragg, NC and his advanced individual training as a light weapons infantryman at Fort Jackson, SC. He was transferred to Vietnam on 22 March 1967.
3. He was assigned to Company B, 1st Battalion, 12th Cavalry Regiment,
1st Cavalry Division for duty as a rifleman.
4. He went absent without leave (AWOL) on 14 April 1967 and he remained absent in desertion until he was returned to military control on 30 May 1967. He was convicted by a special court-martial of the AWOL charge on 3 August 1967.
5. He was confined in the Vietnam Transient Stockade from 5 August to 31 October 1967 and he was returned to his unit on 1 November 1967.
6. On 12 December 1967 he was transferred to Headquarters and Headquarters Company, 1st Cavalry Division for duty as a rifleman and on 8 July 1968 he was assigned the duties of a heavy vehicle driver. He was also awarded military occupational specialty 64B (heavy vehicle driver) on 8 July 1968.
7. He departed Vietnam on 24 February 1969 and he was transferred to Fort Eustis, VA where he remained until he was honorably released from active duty (REFRAD) on 14 February 1970 due to the expiration of his term of service (ETS). He had served 3 years of total active service with 134 days of time lost due to AWOL and confinement.
8. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
9. A review of his official records failed to show any indication that the applicant ever actively engaged the enemy in ground combat while serving as an infantryman assigned to an infantry unit.
10. Army Regulation 600-8-22 states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been awarded the CIB because he served as an infantryman in Vietnam has been noted and appears to lack merit. The CIB is not awarded solely on the criteria that an individual is an infantryman assigned to an infantry unit in a combat theater of operations.
2. In the applicants case, there is no evidence of record and he did not provide sufficient evidence with his application to show that he actively engaged the enemy in Vietnam while assigned as an infantryman in an infantry unit. Therefore, absent such evidence, there appears to be no basis to award him the CIB at this time.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
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) AR20100024468
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ABCMR Record of Proceedings (cont) AR20100024468
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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