IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110009567
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. He states he should have been awarded the CIB. Although he was assigned to a military police (MP) battalion he served with an infantry company while in Vietnam. He was engaged in active combat five or six times during the period April to November 1969.
3. He adds that he was informed that he would be awarded the CIB as soon as the MP battalion figured it out how to issue it. However, the President ordered all National Guard service members to return to their states and he never received his award.
4. The applicant provides two letters and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. His records show he was appointed a second lieutenant in the Army National Guard of the United States (ARNGUS) on 4 July 1966. After completion of training, he was awarded military occupational specialty (MOS) 1542 (Infantry Unit Commander).
3. The applicants DA Form 66 (Officer Qualification Record) shows the following entries:
a. Item 17 (Foreign Service) he served in Vietnam from 6 June through
24 November 1969;
b. Item 18 (Record of Assignments) he was assigned as a heavy weapons platoon leader with Company D, 87th Infantry Battalion from 9 June to
22 October 1969 and with Company B, 720th MP Battalion from 23 October to
20 November 1969 while serving in Vietnam; and
c. Item 21 (Awards and Decorations) does not include the CIB.
4. He provided two letters addressed to his wife from his former company commanders during his tour of duty in Vietnam. Both letters depict his safe arrival to the units. The Company D, 87th Infantry Battalion letter also states the unit is not normally directly connected with any combat operations and the applicant had been assigned duties as a Mortar Platoon Leader working in conjunction with an MP battalion.
5. On 12 December 1969, he was honorably released from active duty and converted to the control of the Iowa ARNG. He had completed 5 years,
9 months, and 19 days of creditable service for pay and 5 months and 18 days of foreign service in Vietnam. His DD Form 214 does not show award of the CIB.
6. There are no orders in the applicant's records awarding him the CIB and no evidence to show that he was engaged in active ground combat during his tour in Vietnam.
7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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:
1. To be entitled to award of the CIB, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.
2. The applicants records show he was assigned to positions related to an infantry MOS in a company-sized infantry unit in Vietnam; however, there is insufficient evidence to show he served in active ground combat while assigned or attached to this infantry unit.
3. Absent of evidence, he is not entitled to the requested relief.
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) AR20110009567
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ABCMR Record of Proceedings (cont) AR20110009567
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