IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110001009
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the Combat Infantryman Badge (CIB).
2. The applicant states he feels this prestigious award should be added because he earned it.
3. The applicant provides a copy of his DA Form 2-1 (Personal Qualification Record Part II) 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 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, a career enlisted Soldier, entered active duty on 6 August 1958. He trained and served as an infantryman until he was appointed as a command sergeant major (CSM) in 1978. He served in several CSM positions including as the commandant of a Noncommissioned Officer (NCO) Academy. He retired on 31 August 1988.
3. The applicant served as an advisor in Vietnam from December 1967 to January 1969 and from August 1970 to August 1971 where he was awarded the Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster. He was awarded the CIB by U.S. Military Assistance Command-Vietnam Special Orders Number 329, dated 25 November 1970.
4. His DD Form 214 does not list the CIB.
DISCUSSION AND CONCLUSIONS:
The applicant was awarded the CIB in special orders and it should be added to his DD Form 214.
BOARD VOTE:
__X_____ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the CIB to the authorized awards listed on his DD Form 214.
_______ _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) AR20110001009
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ABCMR Record of Proceedings (cont) AR20110001009
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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