IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120010064
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) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states he earned the CIB but it was never awarded.
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 14 March 1968. He completed his basic training at Fort Campbell, KY and advanced individual training (AIT) as a pioneer at Fort Leonard Wood, MO. He was then transferred to Fort Knox, KY where he underwent AIT as an armor crewman. He was awarded a primary military occupational specialty (PMOS) of 11E (Armor Crewman) and a secondary MOS (SMOS) of 12B. He was assigned to Fort Knox as an armor crewman for his first assignment.
3. He was transferred to Vietnam on 4 March 1969 and was assigned to
Troop C, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division for duty as an armor crewman and tank driver.
4. On 10 May 1969 he sustained fragmentation wounds to the left hand and left shoulder and he was awarded the Purple Heart.
5. He departed Vietnam on 3 March 1970 and he was transferred to Oakland Army Base, CA where he was honorably released from active duty (REFRAD) on 4 March 1970 as an overseas returnee. He served 1 year, 11 months, and
21 days of total active service. The DD Form 214 he was issued at the time does not show award of the Combat Infantryman Badge.
6. A review of his official record failed to show any evidence indicating he had ever been awarded an infantry MOS.
7. 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. While the sincerity of the applicants claim that he earned the CIB while in Vietnam is not in doubt, there is no evidence to show he was ever awarded or held an infantry MOS.
2. Therefore, in the absence of such evidence, there is an insufficient evidentiary basis for granting the applicant's requested relief.
3. The applicant and all others concerned should know that this action in no way diminishes the sacrifices he made in service to the United States during the Vietnam War. 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) AR20120010064
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ABCMR Record of Proceedings (cont) AR20120010064
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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