IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110006617
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, award of the Combat Infantryman Badge (CIB).
2. The applicant states:
* he served in Vietnam with the 177th "Flying Boxcars"
* while there, he performed guard tower duty, during which time he was subjected to enemy fire and attacks
* he participated in a search mission for a downed helicopter
* the Department of Veterans Affairs (VA) says he has signs of post-traumatic stress disorder (PTSD)
* his request is a matter of pride for him he served proudly and received an honorable discharge
* the lack of a "combat ribbon" for his service in Vietnam makes him feel like he was not even there
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he received the Bronze Star Medal and the Vietnam Service Medal
* his DD Form 214 does not show a "combat ribbon"
3. The applicant provides no additional evidence.
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 27 February 1968. On 3 March 1968, he was discharged for the purpose of immediate enlistment in the Regular Army (RA). On 4 March 1968, he enlisted in the RA. He completed training and was awarded military occupational specialty (MOS) 67U (Multi-Engine Tandem Rotor Helicopter Mechanic).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 1 May 1969 to on or about 7 April 1970, during which time he was assigned to the 178th Aviation Company, 23rd Infantry Division (more commonly known as the Americal Division).
4. On 4 December 1970, he was honorably released from active duty. His DD Form 214 shows he completed 2 years, 9 months, and 7 days of total active service, including 11 months and 7 days of foreign service:
* Item 23a of his DD Form 214 shows his MOS at the time of separation was MOS 67U
* Item 24 of his DD Form 214 does not indicate he was previously awarded the CIB
5. There is no indication in the applicant's records that he held an infantry MOS and/or was assigned to an infantry unit of brigade, regimental or smaller size during his military service.
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 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:
1. The evidence of record shows he held an aviation MOS. There is no evidence in the available records and he did not submit evidence that shows he held an infantry MOS, that he was assigned or attached to an infantry unit of brigade, regimental or smaller size, or that he was personally present and under hostile fire while serving in an assigned infantry MOS with his infantry unit when the unit actively engaged in ground combat with the enemy.
2. Regretfully, in the absence of the above evidence award of the CIB cannot be granted in this case.
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) AR20100000695
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110006617
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