IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110015135
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 the Combat Infantryman Badge (CIB).
2. The applicant states:
* he was an artillery reconnaissance sergeant
* he was attached to A Company, 181st Infantry, 1st Battalion to adjust artillery or mortar fire if needed
* he saw a lot of combat and believes he should have been awarded the CIB
* he has nothing showing he should have received the Vietnam Service Medal or any other ribbon
* the CIB would mean a great deal to him and he believes he deserves it
* it has taken him a long time to even talk about his feelings
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army on 31 December 1962. He completed training as a field artillery operations intelligence assistant and was awarded military occupational specialty (MOS) 13E40. He arrived in Vietnam on 25 June 1965 and was assigned to C Battery, 1st Battalion, 7th Artillery.
3. He departed Vietnam en-route to the U.S. on 20 December 1965. He was honorably released from active duty as an overseas returnee on 21 December 1965.
4. The applicants DD Form 214 shows he was awarded the Vietnam Service Medal.
5. A review of the applicants official military personnel file (OMPF) does not show that he was ever awarded an infantry MOS.
6. Army Regulation 600-8-22 (Military Awards) provides that 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. The Awards Branch of the Total Army Personnel Command has advised in similar cases that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted.
2. There is no evidence in the applicants OMPF showing he was ever awarded an infantry MOS or served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
3. Based on the applicable regulation, the applicant is not authorized the CIB.
4. In view of the foregoing, his request should be denied.
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) AR20110015135
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ABCMR Record of Proceedings (cont) AR20110015135
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