IN THE CASE OF:
BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120012080
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 records to show award of the Combat Infantryman Badge (CIB).
2. He states the CIB is a just due reward.
3. He provides no additional documentation in support of this case.
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 Unites States on 29 April 1968. He successfully completed training and he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).
3. The applicant arrived in the Republic of Vietnam (RVN) on 20 September 1968 and he was assigned to A Battery, 1st Battalion, 92nd Artillery where he performed duties as a cannoneer.
4. On or about 14 May 1969, he departed from the RVN en route to Japan as a result of a medical evacuation. On 22 May 1969, he was assigned to the
249th General Hospital, Camp Drake, Japan in a patient status.
5. Upon completion of medical treatment, on 20 July 1969, he was reassigned to C Battery, 1st Battalion, 79th Artillery, 7th Infantry Division, Republic of Korea (ROK) where he performed duties as a cannoneer.
6. On 28 April 1970, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 2 years of total active service. The DD Form 214 he was issued at the time does not show award of the CIB.
7. There is no evidence in the applicant's available military service records that show he was awarded an infantry MOS or that served in an infantry unit while engaged in active ground combat.
8. 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 military occupational specialty (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:
1. The applicants request to add the CIB to his DD Form 214 was carefully considered.
2. There is no evidence of record that shows the applicant was awarded an infantry MOS and that he served in an infantryman position. Records show he was assigned to a field artillery unit in the RVN and his principal duties while in the RVN was that of a cannoneer.
3. The three criteria for award of the CIB are to be assigned to an infantry unit while engaged in active ground combat, perform infantry duties, and hold an infantry specialty. There is no evidence showing he met any of the criteria for award of the CIB.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20120012080
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ABCMR Record of Proceedings (cont) AR20120012080
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