IN THE CASE OF:
BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110010369
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 (CIB).
2. He states that he was awarded the CIB in 1967.
3. He provides a copy of 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 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 was inducted into the Army of the United States on
18 November 1966. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapon Infantryman). He served in Vietnam from 12 May 1967 to 8 May 1968 while assigned to the 147th Infantry, 9th Infantry Division. During his tour in Vietnam he was assigned duties as a rifleman, automatic rifleman, and duty with the Royal Thai Army Volunteer Regiment (ATVAR) Liaison Team.
3. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the CIB.
4. He was honorably released from active duty on 30 August 1968 as an early separation to attend school. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time does not show the CIB.
5. There is no evidence of record and the applicant did not provide any evidence that he was awarded the CIB while serving in Vietnam. There is also no evidence that he participated in active ground combat with his infantry unit during his period of service in Vietnam.
6. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. 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 evidence of record does not show the applicant was awarded the CIB and he provides no evidence, such as CIB orders, to show he was awarded the badge. Although he served in an infantry MOS and in an infantry unit during his service in Vietnam, it does not confirm and he has not sufficiently shown that he was personally present and participated in active ground combat while assigned or attached to this infantry unit.
2. In view of the foregoing, there is an insufficient basis for granting his 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) AR20110010369
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ABCMR Record of Proceedings (cont) AR20110010369
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