IN THE CASE OF:
BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110023762
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 should have been awarded the CIB because he was with the reconnaissance platoon of Company E, 4th Battalion, 21st Infantry Regiment as an infantryman and was under hostile enemy fire many times.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a page from the battalion newspaper.
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 Kansas City, Missouri on 10 April 1969. He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a light weapons infantryman at Fort Ord, California before being transferred to Vietnam on 11 September 1969.
3. He was assigned to Company E, 4th Battalion, 21st Infantry Regiment for duty as a rifleman. He was promoted to the rank of sergeant on 10 August 1970.
4. His records show that he was awarded two awards of the Army Commendation Medal (ARCOM first oak leaf cluster (1OLC)) for meritorious service while in Vietnam.
5. He departed Vietnam on 6 September 1970 for assignment to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 18 February 1971 to accept seasonal employment. He had served 1 year, 10 months and 9 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 with two bronze service stars, Republic of Vietnam Campaign Medal, and the ARCOM 1OLC.
6. A review of his official records failed to show that he was awarded the CIB or evidence to indicate that he had engaged the enemy in combat.
7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he should be awarded the CIB because he engaged the enemy many times in Vietnam is not in doubt, there simply is not sufficient evidence to support his contentions.
2. His supporting documents and contentions have been noted; however, they are not sufficient in themselves to establish that the applicant is eligible for award of the CIB or the date he became eligible.
3. It is also noted that the passage of 40+ years since he departed Vietnam makes it difficult at best to determine what happened in his case.
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) AR20110023762
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ABCMR Record of Proceedings (cont) AR20110023762
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