IN THE CASE OF:
BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110000851
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).
2. The applicant states he served as an infantryman while in the Dominican Republic and in Vietnam.
3. The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and two pages from his DA Form 20 (Enlisted Qualification Record) to support his request.
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 enlisted in the Regular Army on 25 May 1965. He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He completed parachute training and he was assigned as a gunner to C Company, 2nd Battalion, 504th Infantry (Airborne), as part of Army Task Force 478, Fort Bragg North Carolina.
3. The applicant's unit participated in a permanent change of station move to the Dominican Republic on 1 March 1966. On 6 August 1966, the unit returned to Fort Bragg.
4. On 6 June 1967, while at Fort Bragg, he was transferred to B Company, 2nd Battalion, 504th Infantry, where he served as a grenadier.
5. On 13 February 1968, the applicant was transferred to B Company, 1st Battalion, 505th Infantry, Fort Bragg which apparently deployed to Vietnam as a unit on the very next day (14 February 1968).
6. On 12 May 1968, the applicant returned to Fort Bragg. On 25 May 1968, he was released from active duty and transferred to the U.S. Army Reserve.
7. Item 41 (Awards and Decorations) of his DA Form 20 lists the Marksman Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, Armed Forces Expeditionary Medal for the Dominican Republic, and the National Defense Service Medal. His DD Form 214 omits the marksmanship award.
8. There is no evidence in the applicant's records that shows he was awarded the CIB or that he actually participated in active ground combat.
9. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Only one award is authorized for individuals qualifying in both the Dominican Republic and Vietnam.
DISCUSSION AND CONCLUSIONS:
Unfortunately, while it is clear the applicant served in the Dominican Republic and in Vietnam as an infantryman with infantry units there is no evidence available that shows he participated in actual ground combat, or that he was recommended for or awarded the CIB. Therefore, the evidence is insufficient to correct his record to show this badge.
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) AR20110000851
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ABCMR Record of Proceedings (cont) AR20110000851
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