IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110024199
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. The applicant states the CIB has a direct affect on his claim for veteran benefits.
3. The applicant provides:
* A copy of his DD Form 214
* Department of the Army, Awards Branch, Official Statement of Awards
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
19 July 1966, and he was awarded military occupational specialty 11B (Light Weapons Infantryman). He enlisted in the Regular Army on 25 July 1966.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:
a. Item 31 (Foreign Service) shows he served in the Republic of Vietnam (RVN) during the period 15 December 1966 through 13 December 1967.
b. Item 38 (Record of Assignments) shows he was assigned to Company B, 2d Battalion, 1st Cavalry Division.
c. Item 41 (Awards and Decorations) does show the award of the CIB.
4. The applicant provides a statement from the Department of the Army, Awards Branch that confirms he was awarded the CIB.
5. On 25 July 1969, the applicant was honorably released from active duty. He completed 3 years and 4 days of total active service.
6. 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 (Awards and Decorations) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the CIB has been carefully considered and was found to have merit. By regulation, in order to qualify for the CIB the member must hold and serve in an infantry MOS; must be assigned to an infantry unit of brigade, regimental, or smaller size; and must have been present and participated with the unit while it was engaged in active ground combat with enemy forces.
2. Based his statement as corroborated by the entry on his DA Form 20 that shows he was awarded the CIB, it would be appropriate to add the CIB to the applicants DD Form 214.
BOARD VOTE:
___X____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the award CIB to his DD Form 214.
___________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) AR20110024199
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ABCMR Record of Proceedings (cont) AR20110024199
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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