IN THE CASE OF:
BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110011169
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 engaged in combat while serving in Vietnam. He offers that he was given the award, but it is not listed on his DD Form 214.
3. He does not provide any 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 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's military records show he was inducted into the Army of the United States on 25 April 1966. After completing basic and advanced individual training he was awarded Military Occupational Specialty (MOS) 11B (Light Weapons Infantryman). He served in Vietnam from 28 October 1966 to
27 October 1967 and he was honorably released from active duty on 24 May 1968.
3. During his tenure in Vietnam, he was assigned to Company C, 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division in duty MOS 11B.
4. Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB. Additionally, his military service records do not contain any orders awarding him the CIB.
5. 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 of brigade, regimental or smaller size 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. There is no evidence in the available records to show the applicant was awarded or entitled to award of the CIB. Although the evidence shows he held an infantry MOS and performed infantry duties in an infantry unit, there is no evidence to show he was personally present while the unit was engaged in active ground combat and actively participated in such ground combat.
2. In view of the foregoing, there is no basis for granting the applicant's 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) AR20110011169
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ABCMR Record of Proceedings (cont) AR20110011169
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