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ARMY | BCMR | CY2010 | 20100025334
Original file (20100025334.txt) Auto-classification: Denied
		

		BOARD DATE:	14 April 2011

		DOCKET NUMBER:  AR20100025334


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.  The applicant states he served in the infantry in Vietnam. 

3.  The applicant provides a copy 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 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 record shows he was inducted into the Army of the United States on 28 December 1965.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

     a.  item 31 (Foreign Service) that he served in Vietnam from 15 June 1966 through 11 June 1967.

	b.  item 38 (Record of Assignments) he was assigned to Company D, 2d Battalion, 5th Cavalry, 1st Cavalry Division, in duty MOS 11H (Indirect Fire Crewman), on 23 June 1966, and Headquarters and Headquarters Company, 2d Brigade, 1st Cavalry Division, in duty MOS 11B (Assistant Machine Gunner), on 18 April 1967.

     c.  item 41 (Awards and Decorations) the Vietnam Service Medal, National Defense Service Medal, Two Overseas Service Bars, Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 14 December 1967.  Item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) shows the Vietnam Service Medal with one bronze service star, Air Medal, Republic of Vietnam Campaign Medal, National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

5.  There are no official orders or other evidence in the applicant's records that show he was awarded the CIB.

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 in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and they must have been present with their qualifying infantry unit and participated actively in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.

DISCUSSION AND CONCLUSIONS:

The available evidence shows the applicant was an infantryman assigned to an infantry unit in Vietnam.  However, there is no available evidence that shows he was awarded the Combat Infantryman Badge.  Therefore, his request for the Combat Infantryman Badge to be shown on his DD Form 214 should be denied.

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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20100025334



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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