IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120004466
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states he was in combat and requests the CIB. He also requests "proof of service."
3. The applicant provides no 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 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 on 7 August 1969. He completed training and was awarded military occupational specialty (MOS) 63C (Track Vehicle Mechanic).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignment) that he was assigned as a wheeled vehicle mechanic in MOS 63A and track vehicle mechanic in MOS 63C to Service Battery, 1st Battalion, 83d Field Artillery, Vietnam, from 28 May 1970 through 12 April 1971 and
b. item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal and Vietnam Service Medal.
4. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 17 April 1971 as a specialist four/E-4.
a. Item 22c (Foreign and/or Sea Service) shows he is credited with 11 months and 3 days of foreign service in the U.S. Army Pacific (Vietnam).
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).
c. Item 30 (Remarks) shows his Vietnam service as 14 May 1970-16 April 1971.
5. There are no orders or other evidence in the applicant's records that shows he was awarded the CIB.
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 (Decorations and Awards) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows the applicant served in Vietnam; however, there is no available evidence showing he held an eligible MOS for the CIB. Therefore, his request should be denied.
2. A copy of his DD Form 214 will be provided to him.
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) AR20100000695
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120004466
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