IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110017147
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. The applicant states he served alongside his team in the Republic of Vietnam (RVN) engaging the enemy and serving with honor. He earned the CIB and it means a lot to him as he reflects back to his service.
3. The applicant provides no additional evidence.
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:
a. enlisted in the U.S. Army Reserve on 25 February 1964 and he was ordered to active duty on 30 June 1968;
b. was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman);
c. was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Air Medal;
d. served a tour in the RVN from 14 March to 10 September 1969;
e. served as a Grenadier while assigned to Company A, 1st Battalion, 18th Infantry, 1st Infantry Division during his tour in the Republic of Vietnam; and
f. was honorably released from active duty 17 September 1969 and returned to his USAR unit in the rank of specialist four (temporary)/pay grade E-4.
3. Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge 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.
DISCUSSION AND CONCLUSIONS:
1. The record shows he served in the RVN as a grenadier with an infantry company; however, there is no available evidence confirming he was actively engaged in ground combat with the enemy. Therefore, the evidence is insufficient to award him the Combat Infantryman Badge.
2. 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) AR20110017147
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ABCMR Record of Proceedings (cont) AR20110017147
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