IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110014900
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 award of a third Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam (RVN) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states during his second tour of duty in the RVN, he was told he had been recommended for his third CIB.
3. The applicant provides a copy of his DD Form 214 for the period ending
11 October 1974.
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. Evidence of record and background information:
a. The applicant served on active duty as a member of the enlisted Reserve component from 21 September 1950 to 4 August 1951.
* He held military occupational specialty (MOS) 4745 (Infantry)
* He served in the Republic of Korea (ROK) from September 1950 to August 1951
* He was awarded his first CIB
b. The applicant served in the RVN from 10 February 1968 to 7 February 1969.
* He held MOS 11B (Light Weapons Infantryman) and 11F (Infantry Operations and Intelligence Specialist)
* He was a squad leader with the 57th Infantry Platoon, 108th Light Infantry Brigade and a platoon sergeant in the 4th Infantry Division
* The Americal Division awarded him a second CIB
c. The applicant served a subsequent tour of duty in the RVN from
September 1970 to May 1971.
* He was a platoon sergeant with the 58th Infantry Platoon
* He was medically evacuated from the RVN on or about 13 May 1971
3. On 11 October 1974, the applicant retired due to length of service. He had attained the rank/grade of sergeant first class (SFC)/E-7 and completed
20 years, 4 months, and 2 days of creditable active service.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 11 October 1974 shows the:
* National Defense Service Medal
* Army Good Conduct Medal (4th Award)
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge (2 awards)
* Bronze Star Medal
* Six Overseas Service Bars
* United Nations Service Medal
* Army Commendation Medal
* Purple Heart
* Merit Service Medal
5. Army Regulation 600-8-22 (Military Awards):
a. The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
b. The CIB is authorized for qualified Soldiers in any of three conflicts: World War II, the Korean conflict, and for service in the RVN. Only one award of the CIB is authorized for service in each of these areas regardless of whether the Soldier has served one or multiple tours in the area.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded a third award of the combat infantryman badge for combat service during his second tour of duty in the RVN and his DD Form 214 should be corrected to show this award.
2. The evidence of record shows the applicant was awarded the CIB for his service in the ROK and again for his service in the RVN during his first tour of duty. However, the governing regulation prohibits the award of a second or subsequent CIB for service in the same area.
3. 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) AR20110014900
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