IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110024859
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, in effect, he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, his commanding officer recommended him for the CIB. Further, he states his duties and evidence for the CIB are described in detail in his military record.
3. The applicant did not provide any additional evidence.
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. After having had prior service, on 13 December 1966 the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty (MOS) 94B (Cook) and was later awarded the MOS 64B (Heavy Vehicle Driver).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) with Headquarters and Headquarters Company, 4th Battalion, 23rd Infantry, 25th Infantry Division, from 1 February 1967 to 31 January 1968. His principle duty title was listed as "Cook."
4. The CIB is not listed on any of the DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) on file, and there are no orders or other documents in the applicant's record that indicate he was ever recommended for or awarded the CIB during any of his active service periods.
5. On 24 December 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve, in the rank/grade of private/E-2, after completing 3 years, 5 months, and 18 days of active military service.
6. Army Regulation 600-8-22 (Military Awards) contains guidance on the CIB. It states that in order to qualify for the CIB a member must meet the following three requirements: be an infantryman satisfactorily performing infantry duties, be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
7. Army Regulation 600-8-22 states combat service alone does not qualify a member for the CIB.
8. Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) 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 it was determined that there is insufficient evidence to support this request.
2. By regulation, in order to support award of the CIB there must be evidence not only that a member held and served in an infantry MOS in a qualifying infantry unit, but also that he was personally present and participated with his qualifying infantry unit while it engaged in active ground combat with hostile forces.
3. Although the applicant served in an infantry unit while in the RVN, his record shows he was trained in the MOS of 94B and MOS 64B. Additionally, his records show, while serving in the RVN, his principle duty title was listed as "Cook." Therefore, it would not be appropriate to award the applicant the CIB.
4. The applicant and all others concerned should know 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) AR20110024859
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