IN THE CASE OF:
BOARD DATE: 25 August 2011
DOCKET NUMBER: AR20110003873
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).
2. The applicant states he went to the Republic of Vietnam in January 1969 and was assigned to the Americal Division, 11th Light Infantry Brigade, 3rd Battalion, 1st Infantry, Company B, 3rd Platoon. During his tour he served as an infantryman and was involved in many hostile firefights with Viet Cong and North Vietnamese soldiers. In June 1969 the Army offered a program where an infantryman could reenlist for 3 years and be given a job in a non combat unit for the remainder of his tour. He took this option and reenlisted on 20 June 1969. He contends that because of the irregular way he departed his combat unit the CIB orders were never placed in his records and erroneously omitted from his DD Form 214. Nonetheless, he proudly wore the CIB on his uniform until he was again honorably discharged in January 1972.
3. The applicant provides copies of his DD Forms 214, effective 20 June 1969 and 17 January 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 applicant's military records show the following:
a. he enlisted in the Regular Army on 31 July 1968;
b. he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman);
c. he was awarded the Vietnam Service Medal, National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar;
d. he served a tour in the Republic of Vietnam from 14 January 1969 to
6 January 1970;
e. he served as a Infantryman while assigned to Company B, 3rd Battalion, 1st Infantry, 11th Infantry Brigade; and as a Card and Tape Writer with the 384th Quartermaster Detachment during his tour in the Republic of Vietnam; and
f. he was honorably discharged for the purpose of reenlistment on 20 June 1969 in the rank of specialist four (temporary)/pay grade E-4.
3. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. 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.
DISCUSSION AND CONCLUSIONS:
1. The record shows he served in the RVN as a rifleman; however, there is no available evidence confirming he was actively engaged in ground combat with the enemy. There is insufficient evidence to award the Combat Infantryman Badge.
2. In view of the foregoing, his request 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.
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