BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110012270
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 he is a combat veteran and was awarded the CIB upon his discharge but the award is not listed on his DD Form 214.
3. The applicant provides a DD Form 214, letter from the National Personnel Records Center (NPRC), Department of Veterans Affairs (DVA) rating decision, Veterans Affairs claim form, and a self-authored two-page narrative.
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 on 16 February 1967 and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman) upon completion of initial entry training.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 14 August 1967 to 20 September 1968 and item 38 (Record of Assignments) shows he was assigned to infantry units while in Vietnam. The CIB is not included in the list of awards contained in item 41 (Awards and Decorations) of his DA Form 20.
4. His official military personnel file (OMPF) is void of orders or any other document that indicates he was recommended for or awarded the CIB.
5. He was honorably released from active duty on 20 September 1968. Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the CIB.
6. He provided a letter from the NPRC that indicates his entitlement to certain awards. The CIB is not included in the awards identified by the NPRC. He also provided a DVA rating decision and claim form that show he requested and was granted service-connected disability compensation. In addition, he provided a self-authored two-page narrative in which he provides his testimony of combat experiences while in Vietnam.
7. 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 applicant's contention that he is entitled to correction of his DD Form 214 to show the CIB has been carefully considered.
2. The evidence shows he was awarded an infantry MOS and served with infantry units while in Vietnam. However, it does not sufficiently show he engaged in active ground combat while assigned to these units.
3. His OMPF is void of orders or any other documents that indicate he was recommended for or awarded the CIB. There is simply insufficient evidence to corroborate his contention that he engaged in active ground combat while in Vietnam.
4. In view of the foregoing, there is no basis to grant 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) AR20110012270
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ABCMR Record of Proceedings (cont) AR20110012270
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