IN THE CASE OF:
BOARD DATE: 14 June 2012
DOCKET NUMBER: AR20120001354
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, the award of the Combat Infantryman Badge (CIB).
2. The applicant states he was assigned to 1st Squadron, 1st Cavalry, Americal Division during the period March 1970 to September 1970, in combat operations on Hawk Hill. He was in direct combat and was never awarded the CIB.
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. The applicant was inducted into the Army of the United States on 19 March 1968, and was discharged 24 March 1968, for enlistment in the Regular Army on 25 March 1968. He completed basic combat and advanced training and he was awarded military occupational specialty (MOS) 63H (Engineer and Power Train Repairman). The highest rank/grade he attained while serving on active duty was sergeant/E5.
3. The applicant served in the Republic of Vietnam (RVN) with Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry, Americal Division from
14 February 1969 through 13 September 1970.
4. The applicant was honorably discharged on 25 July 1979. His DD Form 214 (Report of Separation from Active Duty) does not show award of the CIB.
5. 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. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 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. By regulation, in order to support award of the CIB there must be evidence that a member held and served in an infantry MOS while assigned to a qualifying infantry unit while personally present and participating with his qualifying infantry unit while the unit engaged in active ground combat with enemy forces.
2. The applicant's record shows he held MOS 63H, was assigned to the RVN in MOS 63H, and served with Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry, Americal Division. Therefore, since he did not hold an infantry MOS, he did not meet the eligibility criteria for award of the CIB.
3. 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) AR20120001354
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ABCMR Record of Proceedings (cont) AR20120001354
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