IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110019270
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:
a. he held military occupational specialties (MOS) 11B (Infantryman) and 11D (Armor Reconnaissance Specialist) during his service in Vietnam from May - August 1968;
b. he was assigned to a cavalry unit rifle squad while engaged in active dismounted ground combat many times;
c. he was also engaged in combat under enemy fire with his infantry unit; and
d. he was awarded the Purple Heart (PH) on 18 July 1968 while he was engaged in combat.
3. The applicant provides no additional documents.
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 4 December 1967. He was trained in and awarded MOS 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 15 May to 3 August 1968, with A Troop, 11th Armored Cavalry Regiment and that he performed the duties of a "senior scout observer" in MOS 11D. Item 35 (Awards and Decorations) does not include the CIB.
4. Headquarters, 24th Evacuation Hospital, published General Orders
Number 147 on 19 July 1968. It announced the applicant's award of the PH for injuries sustained as a result of enemy action.
5. The applicant's official military personnel file is void of any orders or documents that indicate he was ever recommended for or awarded the CIB while serving in Vietnam or at any other time during his military service.
6. On 3 December 1969, the applicant was honorably released from active duty by reason of expiration of his term of service in the rank/grade of specialist four (SP4)/E-4. He completed 2 years of total active service.
7. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not include the CIB among the awards listed. Item 30 (Remarks) includes an entry which shows the applicant's 4th finger was broken and little finger was lost as a result of being wounded in the RVN on 18 July 1968.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 8-6 contains guidance on the CIB criteria and requires that the member was an infantryman satisfactorily performing infantry duties; that he was assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and that he was present with his qualifying infantry unit and actively participated in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his record should be corrected to show the CIB.
2. The evidence of record clearly shows that the applicant was awarded an infantryman MOS. However, he was assigned to an Armored Cavalry Regiment where he performed duty in a troop unit as a senior scout. Unfortunately, this service is not recognized as having performed duty with an infantry unit of brigade, regimental, or smaller size.
3. In view of the above, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. The applicant and all others concerned should know that this action related to award of the CIB in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110019270
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ABCMR Record of Proceedings (cont) AR20110019270
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