IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100028228
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 the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant does not say anything in support of his request.
3. The applicant provides excerpts from his military records.
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 that he enlisted in the Regular Army on 18 October 1963, and was awarded the military occupational specialty of infantry indirect fire crewman, and was promoted to pay grade E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Dominican Republic for 1 month as a scout driver starting on 3 May 1965. He was awarded the Armed Forces Expeditionary Medal (AFEM) for that service.
4. He was determined physically unfit and was medically discharged on
7 September 1966. His DD Form 214 does not show he was awarded the CIB.
5. His records do not contain orders for the CIB.
6. His records do not show he served in active ground combat.
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 military occupational specialty (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 the applicant was an infantryman in the Dominican Republic, there is no evidence to show he served in active ground combat.
2. Without evidence to show he served in active ground combat, there is an insufficient basis to award him 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) AR20100028228
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ABCMR Record of Proceedings (cont) AR20100028228
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