IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110010265
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 that he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states that he should have been awarded the CIB because he was an infantryman serving in an infantry unit that engaged the enemy in ground combat.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and two pages from his 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 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 enlisted in the Regular Army on 21 January 1963 for a period of 3 years. He completed his one-station unit training as a light weapons infantryman at Fort Gordon, Georgia and was transferred to Okinawa on 27 July 1963.
3. On 5 May 1965, he was transferred to Vietnam with his unit as part of the 173d Airborne Brigade. On 16 January 1966, he departed Vietnam and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 2 years,
11 months, and 27 days of active service and his DD Form 214 issued at the time of his REFRAD does not show award of the CIB.
4. A review of the applicant's official records failed to show any evidence that he was awarded the CIB or that he met the requirements for award of the CIB.
5. 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. While the sincerity of the applicants claim that he participated in ground combat against the enemy in Vietnam is not in doubt, the evidence submitted with his application and the evidence of record fail to substantiate his claim.
2. Although the evidence of record shows that he was an infantryman assigned to an infantry unit, there is no indication that he participated in ground combat against the enemy.
3. Unfortunately, the absence of evidence coupled with the passage of 45 years since he departed Vietnam makes it difficult at best to determine what happened in his case. Therefore, in the absence of substantiating evidence to show that he engaged the enemy in ground combat in Vietnam, there appears to be no basis to grant his request for award of the CIB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20110010265
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