BOARD DATE: 18 October 2012
DOCKET NUMBER: AR20120008270
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 show award of the Combat Infantryman Badge (CIB).
2. The applicant states he was awarded the CIB, on approximately 13 September 1967, while assigned to Company C, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division.
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 7 February 1967. He was trained in and awarded MOS 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 17 July 1967 to 16 July 1968, with Company C, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division and that he performed the duties of a "grenadier" in MOS 11B. Item 35 (Awards and Decorations) does not include the CIB.
4. His Army Military Human Resource Record is void of any orders or documents that indicate he was recommended for or awarded the CIB while serving in Vietnam or at any other time during his military service.
5. On 17 January 1969, the applicant was honorably released from active duty in the temporary rank/grade of specialist four (SP4)/E-4. He completed 1 year, 11 months, and 11 days of total active service.
6. His DD Form 214 does not include the CIB among the awards listed.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for the CIB pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 8-6 contains guidance on the CIB criteria and requires that the member was an infantryman satisfactorily performing infantry duties; that he was assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and that he was present with his qualifying infantry unit and actively participated in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show the CIB.
2. The evidence of record shows the applicant was awarded an infantryman MOS, he was assigned to a qualifying infantry unit in Vietnam, and he performed the duties of a grenadier. However, there is no evidence to confirm he was present and participated with that unit at a time when it was engaged in active ground combat with enemy forces to satisfy the regulatory criteria necessary for award of the CIB.
3. In addition, the evidence of record fails to show the applicant was awarded the CIB. Item 20 of his DA Form 20 does not list this award and there are no orders or any other documents on file in his AMHRR to show he was recommended for or awarded the CIB.
4. In view of the above, there is an insufficient evidentiary basis for granting the applicant's requested relief.
5. The applicant and all others concerned should know that 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.
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