IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120009810
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 his original military occupational specialty (MOS) was 82C (Artillery Surveyor). However, from 9 June 1969 until the end of his tour of duty in Vietnam he was with the infantry as a reconnaissance sergeant. Several infantrymen asked him if he would like to be recommended for the CIB, but he declined because he was an artilleryman.
3. The applicant provides a copy of page 3 of 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 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 enlisted on 29 November 1967, completed training as an artillery surveyor in MOS 82C, and arrived in Vietnam in May 1968.
3. From 27 May 1968 through 5 September 1969, he served in MOS 82C with Headquarters Support Battery, 6th Battalion, 29th Artillery, 4th Infantry Division.
4. From 6 September 1969 until the end of his tour in Vietnam he served in MOS 13E (Cannon Fire Direction Specialist) as a reconnaissance sergeant with
A Battery, 6th Battalion, 29th Artillery, 4th Infantry Division.
5. On 19 July 1970, he returned to the United States and was released from active duty with an honorable characterization of service on 20 July 1979.
6. 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.
7. 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:
The applicant was an artilleryman for his entire period of active duty. He was never eligible for award of the CIB.
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) AR20120009810
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ABCMR Record of Proceedings (cont) AR20120009810
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