IN THE CASE OF:
BOARD DATE: 17 April 2012
DOCKET NUMBER: AR20110020752
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 that he was issued a CIB but he cannot recall there being orders cut; therefore, he desires orders to be published awarding him the CIB.
3. The applicant provides no additional documents with his application.
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 in Des Moines, Iowa on 20 April 1970. He completed his basic training and his advanced individual training as a light weapons infantryman at Fort Lewis, Washington and was transferred to Vietnam on 13 September 1970.
3. He was assigned to Company D, 1st Battalion, 501st Infantry Regiment for duty as a rifleman. He was advanced to the pay grade of E-4 on 15 December 1970.
4. He was awarded the Bronze Star Medal for meritorious service and he was awarded the Air Medal and the Army Commendation Medal for meritorious achievement.
5. He departed Vietnam on 8 September 1971 for assignment to Fort Ord, California where he remained until he was honorably released from active duty (REFRAD) to attend school on 10 December 1971. He had served 1 year, 7 months and 21 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, the Vietnam Service Medal, the Vietnam Campaign Medal, the Bronze Star Medal, the Air Medal and the Army Commendation Medal.
6. A review of his official records failed to show any indication that he was awarded the CIB or any evidence to show that he engaged the enemy in combat.
7. Army Regulation 600-8-22 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:
1. While the sincerity of the applicants claim that he was issued a CIB is not in doubt, the evidence submitted with his application and the evidence of record fails to show that such was the case.
2. There is also no evidence to show the applicant engaged in combat with the enemy while serving in such a capacity.
3. 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) AR20110020752
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ABCMR Record of Proceedings (cont) AR20110020752
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