IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100025337
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 he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states he served in the infantry in Vietnam.
3. The applicant provides copies his DD Forms 214 effective 2 April 1970 and 1 February 1974.
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 enlisted in the Regular Army on 3 April 1967.
He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He reenlisted and served until 1 February 1974.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) that he served in Vietnam from 1 November 1967 through 25 October 1968.
b. item 38 (Record of Assignments) that he was assigned to the 2d Battalion, 502d Infantry, 101st Airborne Division, in duty MOS 11B.
c. item 41 (Awards and Decorations) that he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Bronze Star Medal.
4. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably discharged on 1 February 1974. Item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Parachutist Badge, and the Bronze Star Medal.
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 clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. However, there is no available evidence that shows that he ever engaged in active ground combat. Therefore, his request for award of the Combat Infantryman Badge 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 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100025337
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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