IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110025178
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 add his award of the Combat Infantryman Badge (CIB).
2. The applicant states he served in an infantry company in Vietnam for 10 months. Shortly after his arrival, his company came under small arms fire after which the battalion commander came out to the field and pinned a CIB on him and other new recruits who had been in the firefight. He came under small arms enemy fire, rocket and mortar fire, and was exposed to booby traps and enemy artillery fire during his 10 months in Vietnam. However, his award of the CIB was not reflected on his DD Form 214 at the time he was released from active duty (REFRAD).
3. The applicant provides copies of his DD Form 214 and two pages from his DA Form 20 (Enlisted Qualification Record).
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 applicant's 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 applicant's 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 in Kansas City, Missouri, on 8 May 1967. He completed basic training at Fort Leonard Wood, Missouri, and advanced individual training as an infantry direct fire crewman at Fort Polk, Louisiana, before being transferred to Vietnam on 20 October 1967.
3. He was assigned to Company D, 2d Battalion, 5th Cavalry Regiment, 1st Cavalry Division, for duty as a rifleman. He was advanced to pay grade E-4 on 23 January 1968.
4. He departed Vietnam on 16 October 1968 for assignment to Fort Dix, New Jersey, where he remained until he was honorably REFRAD on 1 March 1969 to attend school. He completed 1 year, 9 months, and 4 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Air Medal, and Army Commendation Medal.
5. A review of his official records failed to show any evidence indicating he was awarded the CIB or actively engaged the enemy in combat.
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 military occupational specialty. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. Announcement in orders is required.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he actively engaged the enemy in combat is not in doubt, there is no evidence in the available records and he has not provided any evidence to support his contention.
2. Absent evidence to show he either was awarded the CIB or met the qualifications for this award, there appears to be no basis to grant his request to add the CIB to his DD Form 214 at this time.
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 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 this action in no way diminishes the sacrifices made by him 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) AR20110025178
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110025178
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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