IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120012168
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 the award added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was a combat infantryman the whole time he was in Vietnam assigned to Company C, 2d Battalion, 60th Infantry, 9th Infantry Division. He engaged in many helicopter and riverine assaults. He has been denied compensation from the Department of Veterans Affairs (VA) for Post-Traumatic Stress Disorder because he does not have the CIB. His military occupational specialty (MOS) was 11F (Infantry Operations and Intelligence Specialist).
3. The applicant provided a letter showing his mailing address.
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 applicant's 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 applicant's 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 on 8 April 1968. He was awarded MOS 11B (Light Weapons Infantryman). He served in Vietnam from October 1968 to August 1969.
3. A DA Form 20 (Enlisted Qualification Record) last reviewed on 19 October 1968 shows in:
a. item 22 (Military Occupational Specialties) his primary MOS (PMOS) as 11F and his secondary MOS (SMOS) as 11B;
b. item 38 (Record of Assignments) that he was assigned to Company C, 3d Battalion, 60th Infantry, 9th Infantry Division and served in MOS 11B from
24 October 1968 until 22 March 1969. He was reassigned to Headquarters and Headquarters Company, 9th Supply and Transportation Battalion, 9th Infantry Division, where he served in MOS 57A as a duty Soldier; and
c. item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Army Commendation Medal (2nd Award), Air Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. A DA Form 20 last reviewed on 20 September 1969 shows in:
a. item 22 his PMOS as 11F; and
b. item 38 that effective 18 August 1969 his duty status was "CASUAL ENROUTE TO CONUS."
5. The applicant's DD Form 214 shows he was honorably released from active duty on 10 April 1970 as a specialist five/E-5. He had completed 2 years of net active service. His DD Form 214 shows the National Defense Service Medal, Army Commendation Medal, Air Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
6. There are no official orders or other evidence in the applicant's records that show he was recommended for or awarded the CIB.
7. Army Regulation 600-8-22 (Military Awards) provides that 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 during such time as the unit was engaged in active ground combat; and they must have been present with their qualifying infantry unit and participated actively in such ground combat. Combat service or campaign credit alone is not sufficient to award the CIB.
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. However, there is no evidence to show he engaged in active ground combat. Therefore, there is insufficient evidence to support award of the CIB in this case.
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) AR20100000695
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120012168
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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