IN THE CASE OF:
BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20120018539
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 he was assigned to Company D, 3d Battalion, 173rd Airborne Brigade. They were stationed at the firebase uplift between Bong Son and Phu Cat for 11 months. They were engaged in armed conflict with the enemy and he feels he should be awarded the CIB.
3. He provides his DD Form 214 and page 3 of a 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. On 30 June 1969, he enlisted in the Regular Army. He was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 shows in:
* item 31 (Foreign Service), he was credited with service in Vietnam from 20 January 1970 to 11 December 1970
* item 38 (Record of Assignments), during his service in Vietnam he was assigned to Company D, 3d Battalion, 503d Infantry, 173d Airborne Brigade, from 26 January to 7 December 1970 in duty MOS 11B with principal duties as a rifleman and team leader
4. On 17 December 1971, he was honorably released from active duty to enter or return to school after completing 2 years, 5 months, and 18 days of total active service. His DD Form 214 does not show the CIB.
5. His record is void of documentation showing he served in active ground combat or received any decorations for valor or gallantry in combat action during his service in the Republic of Vietnam.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was involved in armed conflict with enemy forces while serving in Vietnam.
2. His record shows he served in an infantry battalion in Vietnam in duty MOS 11B with principal duties as a rifleman and team leader. However, there is no evidence of record to show he ever served in active ground combat. Therefore, there is an insufficient basis for awarding him the CIB and adding this badge to his DD Form 214 at this time.
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) AR20120018539
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ABCMR Record of Proceedings (cont) AR20120018539
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