IN THE CASE OF:
BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120003778
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, award of the Combat Infantryman Badge (CIB).
2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect this award. He served in combat as a machine gunner while in Vietnam from 1966-1967.
3. The applicant provides a copy of his DD Form 214.
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 5 May 1966. He was trained in and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) during the period 27 October 1966 through 26 October 1967. The highest rank/grade he attained while serving on active duty was sergeant/E-5.
4. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his RVN tour he was assigned to Company A, 2d Battalion, 12th Cavalry, 1st Cavalry Division (Airmobile), where he performed duties in MOS 11B as an assistant gunner and rifleman. Item 41 (Awards and Decorations) does not include the CIB in the list of earned awards.
5. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the CIB to him.
6. On 3 May 1968, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 11 months, and 29 days of active military service.
7. The applicant's DD Form 214 shows the following awards:
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge (M-14 Rifle)
* 2 Overseas Service Bars
8. The applicant's military records contain General Orders Number 3900, dated 8 July 1967, which awarded him the Air Medal for meritorious achievement while participating in aerial flight for his service in the RVN during the period 1 January 1967 to 1 May 1967.
9. 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. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the CIB was carefully considered. Unfortunately, without orders showing he received the CIB or evidence showing he served in active ground combat while performing infantry duties, there is an insufficient basis for correcting his record to show he was awarded the CIB.
2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. He 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) AR20120003778
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ABCMR Record of Proceedings (cont) AR20120003778
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