IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110019283
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 he believes that he should have been awarded the CIB for his service in the bush doing patrols with 2 to 12 other Soldiers for 4 to
6 months. He goes on to state that he was in combat while on patrol looking for the enemy and should have been awarded the CIB.
3. The applicant provides a copy of 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 was inducted into the Army of the United States with a waiver in Los Angeles, California on 14 May 1969. He completed the training requirements and he was awarded military occupational specialty (MOS) 13A (Cannon Crewman) before being transferred to Vietnam on 20 March 1970.
3. He was initially assigned as a radio telephone operator in Headquarters Service Battery, 4th Battalion, 42d Artillery Regiment, 4th Infantry Division.
4. On 31 August 1970, he was assigned as a wrecker operator and he was transferred to Headquarters and Headquarters Battery, 1st Battalion, 77th Artillery Regiment, 1st Cavalry Division for duty as a cannoneer on 16 November 1970.
5. On 11 March 1971, he departed Vietnam and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) that date as an overseas returnee. He had served 1 year, 9 months, and 28 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, Vietnam Service Medal, Vietnam Campaign Medal, and Army Commendation Medal.
6. A review of his official records failed to show any evidence that the applicant was awarded the MOS of an infantryman.
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 MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been awarded the CIB for his service in Vietnam has been noted and appears to lack merit.
2. The available records fail to show the applicant was awarded an infantry MOS or that he was assigned as an infantryman in an infantry unit while in Vietnam.
3. There is also no evidence to show the applicant engaged in combat with the enemy while serving in such a capacity.
4. Therefore, in the absence of such evidence, there appears to be no basis to grant his request for award of the CIB.
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) AR20110019283
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