BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20100030417
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) and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show this award.
2. The applicant states he served in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman) from May to July 1969.
3. The applicant provides two DD Forms 214, issued on 13 July 1969 and
14 May 1972.
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 he enlisted in the Regular Army on
1 October 1968, he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman), and he served in Vietnam as a rifleman in an infantry unit 2 months and 5 days.
3. He immediately reenlisted on 14 July 1969 to change his MOS to equipment maintenance specialist. He served a total of 1 year, 6 months and 4 days in Vietnam.
4. He was honorably released from active duty on 14 May 1972. Neither
DD Form 214 shows he was awarded the CIB, there are no orders awarding him the CIB in his records, and there is no evidence that he served in active ground combat.
5. 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 USARV 672-1 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:
1. While the applicant was assigned to an infantry unit, and he held an infantry MOS in Vietnam 2 months and 5 days, there is no evidence he served in active ground combat.
2. Without evidence to show he served in active ground combat, there is insufficient evidence in which 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) AR20100030417
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ABCMR Record of Proceedings (cont) AR20100030417
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