BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110011335
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 the Combat Infantryman Badge (CIB).
2. The applicant states:
a. his DD Form 214 does not show the CIB;
b. the details of his military service in Vietnam indicating the equipment he received at that time, his units of assignment, other Soldiers with whom he served, and his active participation in combat in Vietnam;
c. the Army made the mistake and should be able to provide the information necessary for his award of the CIB; however, he sees the Army has done him a disservice again, 42 years after his discharge, requiring him to prove he earned this award;
d. perhaps he did not reference the CIB was omitted from his DD Form 214 upon his discharge because he wanted to distance himself from the Army like you would not believe because, unlike other Soldiers from other conflicts who received "fanfare" upon their return, the Soldiers of the Vietnam Era were instead called baby killers; and
e. it is a mistake the CIB is not included on his DD Form 214 because he is a recipient of this award and wants to be able to prove it.
3. The applicant provides a self-authored statement and a witness statement.
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 15 January 1968. He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 10 June 1968 to 5 June 1969. Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company D, 4th Battalion, 3rd Infantry Regiment, 11th Infantry Brigade, performing the duties of a light weapons infantryman. Item 41 (Awards and Decorations) does not include the CIB.
4. The applicant's official military personnel file (OMPF) is void of any orders or documents that indicate he was ever recommended for or awarded the CIB while serving in Vietnam or at any other time during his military service.
5. On 14 January 1970, the applicant was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4. He completed 3 years of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the CIB among the awards listed.
6. The applicant provides a witness statement who indicates:
* he served with the applicant from June 1968 to June 1969
* the applicant was a part of his fire team and became the squad leader
* the applicant served by his side during a number of fire fights and ambushes
7. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 8 of the awards regulation contains guidance on badges and tabs of U.S. origin. Paragraph 8-6 contains guidance on the CIB criteria and requires that the member was an infantryman satisfactorily performing infantry duties; that he was assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and that he was present with his qualifying infantry unit and actively participated in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the CIB.
2. The evidence of record clearly shows that the applicant was awarded an infantryman MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. However, it does not sufficiently show that he ever engaged in active ground combat with his infantry unit.
3. The writer of the witness statement states the applicant had served in combat; however, this document in itself is insufficient justification for award of the CIB.
4. In view of the above, there is an insufficient evidentiary 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) AR20110011335
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ABCMR Record of Proceedings (cont) AR20110011335
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