BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120011052
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. He states that even though he was originally given a non-combat military occupational specialty (MOS), almost as soon as he arrived in Vietnam he was transferred to an infantry unit and served continuously for about a year as a combat infantryman. He states while serving with B Company, 22d Infantry Regiment, he was wounded in action and awarded the Purple Heart. He offers that his unit in Vietnam should have recommended him for the CIB, but apparently it was overlooked.
3. The applicant provides his DD Form 214 and self-authored statement.
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 in the Regular Army on 15 August 1966. After completion of basic and advanced individual training, he was awarded MOS 56D (Subsistence Storage Specialist). He served in Vietnam from 19 February 1967 to 18 February 1968. He was honorably released from active on 14 August 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement).
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows during his service in Vietnam he was assigned to the following units in the duty MOS (DMOS) as follows:
* 25 February 1967, assigned to Company A, 25th Supply and Transportation Battalion, 25th Infantry Division, in DMOS 56D
* 5 June 1967, assigned to Company B, 704th Maintenance Battalion,
4th Infantry Division, in DMOS 56D
* 18 June 1967, Company B, 3d Battalion, 22d Infantry Regiment,
4th Infantry Division, in DMOS 11B (Light Weapons Infantryman)
* 19 June 1967, Company B, 3d Battalion, 22d Infantry Regiment,
4th Infantry Division, in DMOS 11C (Indirect Fire Infantryman)
* 9 July 1967, Company B, 3d Battalion, 22d Infantry Regiment, 4th Infantry Division, in DMOS 11C
* 1 August 1967, Company B, 3d Battalion, 22d Infantry Regiment,
25th Infantry Division, in DMOS 11C
* 12 February 1968, casual, enroute to the Continental United States
4. Headquarters, 93d Evacuation Hospital, General Orders Number 1, dated
3 January 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 2 January 1968. The order lists the applicant's unit as Company B, 3d Battalion, 22d Infantry Regiment, 25th Infantry Division.
5. His DD Form 214 does not show award of the CIB. Additionally, his military service records do not contain any orders awarding him 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 (USARV) Regulation 672-1 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:
There is no evidence in the available records to show the applicant was awarded or entitled to award of the CIB. The evidence of record shows he was assigned to the 22d Infantry Regiment, performing duty in MOS 11C, and the award of the Purple Heart confirms his participation in ground combat. However, there is no evidence he was ever awarded an infantry MOS which is a requirement for the award of the CIB. In view of this fact, there is an insufficient basis for award of the CIB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x___ __x_____ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _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) AR20120011052
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ABCMR Record of Proceedings (cont) AR20120011052
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