BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110002908
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 his country in Vietnam to the best of his ability.
3. The applicant provides a copy his DD Form 214.
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's record shows he was inducted into the Army of the United States on 14 September 1970. He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignment) that he was assigned as a Team Leader to Company B, 2d Battalion, 502d Infantry on 15 October 1971, and Company C, 2d Battalion, 501st Infantry on 9 January 1972, and
b. item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Air Medal.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 3 April 1972 as a sergeant/E-5.
a. Item 22c (Foreign and/or Sea Service) shows he is credited with 5 months and 1 day of service in the U.S. Army Pacific (USARPAC) [Vietnam],
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Good Conduct Medal, Air Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal with one bronze service star, Sharpshooter Marksmanship Qualification Badge with Grenade Launcher Bar, and the Expert Marksmanship Qualification Badge with Grenade Bar, and
c. Item 30 (Remarks) shows his Vietnam service as 3 October 1971 -
23 March 1972.
5. There are no official orders or other evidence in the applicant's records that show he was awarded the CIB.
6. Army Regulation 600-8-22 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 during such time as the unit was engaged in active ground combat; and they must have been present with their qualifying infantry unit and participated actively in such ground combat. Combat service or campaign credit alone is not sufficient to award the CIB.
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. However, there is no evidence that shows he ever engaged in active ground combat. Therefore, his request that he be awarded the Combat Infantryman Badge should be denied.
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) AR20100000695
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