IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110005293
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.
2. The applicant states he served in the 199th Infantry Brigade in the Republic of Vietnam (RVN) and his DD Form 214 does not show he was awarded the CIB.
3. The applicant provides his DD Form 214 effective 6 August 1971 and DA Form 20 (Enlisted Qualification Record).
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 records show he was inducted into the Army of the United States on 24 July 1969 and he was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of training.
3. His DA Form 20 shows:
a. he served in the RVN from 7 January 1970 to 4 December 1970;
b. during his tour of duty in the RVN he was assigned to:
* Replacement Detachment, 17th Support Battalion, 199th Infantry Brigade
* Company B, 5th Battalion, 12th Infantry, 199th Infantry Brigade, with duties as an ammunition bearer
* Headquarters and Headquarters Company, 1st Cavalry Division (Airmobile), with duties as a rifleman
c. item 41 (Awards and Decorations) does not show the award of the Combat Infantryman Badge.
4. He was honorably released from active duty on 6 August 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).
5. There are no official orders in his records that show award of the Combat Infantryman Badge.
6. 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 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) AR20110005293
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ABCMR Record of Proceedings (cont) AR20110005293
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