IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110017097
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 that he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states that the CIB was not added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) at the time of his release from active duty (REFRAD).
3. The applicant provides a copy of his DD Form 214 and a Vietnam Combat Certificate.
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 1 April 1969 for a period of 2 years. He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a light weapons infantryman at Fort Lewis, Washington. He was then transferred to Fort Benning, Georgia where he completed the Noncommissioned Officer Candidate Course and was promoted to the rank of sergeant on 18 November 1969.
3. He was transferred to Vietnam on 5 March 1970 and was initially assigned to Company A, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division for duty as a squad leader.
4. On 5 April 1970, he was assigned to Headquarters and Headquarters Company, 8th Engineer Battalion.
5. On 13 April 1970, he was transferred to Japan as a patient. The available records are silent as to the reason for his transfer and his name is not contained on the Vietnam Casualty Listing. He departed Japan on 27 April 1970 and was transferred to the Great Lakes Naval Hospital in Illinois where he remained until he was transferred to Fort Carson, Colorado on 17 July 1970.
6. On 19 January 1971, he was honorably REFRAD to attend school. He had served 1 year, 9 months, and 19 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal with device 1960.
7. A review of the available records failed to show any indication that the applicant was ever awarded the CIB. There is also no indication that he engaged the enemy while assigned to an infantry unit.
8. The Vietnam Combat Certificate provided by the applicant with his application simply states that the applicant served with a unit of the 1st Cavalry Division for the period of 5 March to 13 April 1970.
9. Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge. 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 applicants contention that his records should reflect the award of the CIB has been noted and appears to lack merit.
2. The applicant has not provided orders awarding him the CIB and the available records do not contain orders awarding him the CIB or any evidence to show that he engaged the enemy while assigned to an infantry unit.
3. Therefore, in the absence of orders or sufficient evidence to show that he met the requirements for award of the CIB during his brief 38 days in Vietnam there appears to be no basis to grant his request to add the award of the CIB to his
DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ __X__ __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20110017097
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ABCMR Record of Proceedings (cont) AR20110017097
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