BOARD DATE: 28 April 2011
DOCKET NUMBER: AR20100026796
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, in effect, 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. He states:
* He was recommended for award of the CIB but was discharged before the process was completed
* It was unfair that he never received the CIB that he earned while in the Republic of Vietnam (RVN)
* He served in the RVN from 10 September 1969 to 10 September 1970 and spent many hours in the field in combat
3. He did not supply any supporting documents.
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's records show he was inducted into the Army of the United States on 6 January 1969. He completed training in military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic) and 63C (General Vehicle Repairman. On 8 June 1970, he was reclassified into MOS 11D (Armored Reconnaissance Specialist).
3. His DA Form 20 (Enlisted Record Brief) shows:
a. Item 31 (Foreign Service) He served in the RVN from 10 September 1969 through 9 September 1970; and
b. Item 38 (Record of Assignments) - Headquarters and Headquarters Troop, 1st Squadron, 1st Calvary Regiment, from 20 September 1969 to 5 September 1970 in MOS 11E, as a Personnel Carrier Driver.
4. He was honorably released from active duty on 10 September 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB.
6. There are no orders in the available records that show he was awarded the CIB. His records do not show any evidence he engaged in active ground combat while he was in the RVN.
7. 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. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides 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:
The available evidence shows the applicant held and served in an infantry MOS in an infantry unit. However, the evidence does not show that he engaged in active ground combat while serving with his unit. Further, his duty MOS of 11E was not one of the MOSs eligible for award of the CIB. Regrettably, there is insufficient evidence on which to base award of the CIB.
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) AR20100026796
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states, in effect, that he should be awarded the PH for wounds he received while serving in the Republic of Vietnam (RVN). There is no evidence of record that shows the applicant was awarded or recommended for the CIB.
ARMY | BCMR | CY2010 | 20100008438
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