IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110017117
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 award of the Combat Infantryman Badge (CIB).
2. He states that he did not receive the award of the CIB.
3. He provides his DD Form 214.
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's military records show he was inducted into the Army of the United States on 20 September 1966. After completing basic and advanced individual training he was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).
3. He served in Vietnam from 10 August 1967 to on or about 22 April 1968 and was assigned to C Troop, 2nd Squadron, 1st Cavalry Regiment, 4th Infantry Division.
4. An evacuation message, contained in his military personnel file, stated that on
5 April 1968, the applicant injured his left ring finger of his left hand. The message explained that the injury occurred when he was trying to retrieve a tow cable on the armored personnel carrier and fell off and caught his finger. The message further stated that the wound was not the result of hostile action.
5. Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB. Additionally, his military service records do not contain any orders awarding him the CIB.
6. He was honorably released from active duty on 4 July 1968.
7. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
8. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the available records to show the applicant was awarded or entitled to award of the CIB. Although the evidence of record shows he was assigned to 1st Cavalry Regiment, 4th Infantry Division in MOS 11D, there is no evidence to show he was personally present while the unit was engaged in active ground combat and he actively participated in such ground combat or that he was assigned to an infantry platoon or squad. Therefore, there is insufficient evidence to show he met the minimum eligibility criteria for award of the CIB.
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) AR20110017117
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ABCMR Record of Proceedings (cont) AR20110017117
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