IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110018812
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 the award of the CIB was overlooked.
3. He provides a newspaper article from the Army Home Town News Center.
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 was inducted into the Army of the United States on
9 December 1970. After completing basic and advanced individual training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He served in Vietnam from 21 September 1971 to 26 June 1972. He was honorably released from active duty on 8 December 1972 and credited with 2 years of active duty service.
3. During his tenure in Vietnam, he was assigned in duty MOS 11B to:
* D Company, 2nd Battalion, 502nd Infantry Regiment
* A Company, 1st Battalion, 502nd Infantry Regiment
* D Company, 51st Infantry Regiment
4. 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.
5. He provided a newspaper article, dated 4 February 1972, that stated he received the CIB while assigned as a rifleman with Company A, 1st Battalion, 502nd Infantry, 101st Airborne Division.
6. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. 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:
The fact that the applicant provided a newspaper article that indicates he was awarded the CIB is not sufficient evidence to conclude that he is entitled to this award. Although the evidence of record shows he was assigned to an infantry regiment, 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. 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) AR20110018812
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110018812
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