IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005078
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by:
* Awarding him the Combat Infantryman Badge (CIB)
* Issuing him a DD Form 215 (Correction to DD Form 214)
2. The applicant states that he needs benefits.
3. The applicant provides 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. On 4 October 1967, the applicant was inducted into the Army of the United States and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 22 (MOS) - primary MOS (PMOS) 11B, Light Weapons Infantryman, awarded 23 February 1968;
b. item 31 (Foreign Service) - Republic of Vietnam (RVN) from 15 March 1968 to 29 March 1969;
c. Item 38 (Record of Assignments) he was assigned to:
(1) Company C, 1st Battalion, 20th Infantry Regiment, 11th Infantry
Brigade, from 10 April to 24 May 1968 in duty MOS 11B with duties as a rifleman;
(2) Company A, 1st Battalion, 20th Infantry Regiment, 11th Infantry
Brigade, from 25 May 1968 to 1 February 1969 in duty MOS 11B with duties as a rifleman and an assistant gunner; and
(3) Company C, 1st Battalion, 20th Infantry Regiment, 11th Infantry
Brigade, from 2 February to 29 March 1969 in duty MOS 11B with duties as a rifleman; and
d. Item 41 (Awards and Decorations) does not show award of the CIB.
4. His DD Form 214 shows:
a. He was honorably released from active duty on 17 October 1969 and
transferred to the U.S. Army Reserve Control Group (Annual Training); and
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) does not show award of the CIB.
5. There are no orders in the available records that show he was awarded the CIB or that he personally engaged in active ground combat while he was in the RVN.
6. 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.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant held and served in an infantry MOS while assigned to an infantry unit. However, the evidence does not show he personally engaged in active ground combat while serving with his infantry unit. Therefore, he is not entitled to award of 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 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) AR20110005078
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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