IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120020683 


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.  The applicant states he earned and was awarded the CIB while serving in Vietnam, but for some reason it is not annotated on his DD Form 214.

3.  The applicant provides no additional evidence.

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 into the Army of the United States on 19 February 1964.  He was trained in and was awarded military occupational specialty (MOS) 63B (Track Vehicle Mechanic).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 16 September 1965 through 10 September 1966 with Headquarters and Headquarters Company, 2nd Battalion, 28th Infantry Regiment, and that he performed the duties of wheeled vehicle mechanic in MOS 63B.  Item 41 (Awards and Decorations) does not include the CIB.

4.  His military records are void of any orders or documents that indicate he was recommended for or awarded the CIB while serving in Vietnam or at any other time during his military service.

5.  On 20 February 1967, the applicant was honorably released from active duty in the temporary rank/grade of specialist four/E-4.  He completed 3 years of total active service.

6.  His DD Form 214 does not include the CIB among the awards listed.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the CIB pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 8-6 contains guidance for the CIB criteria and requires that the member is or was an infantryman satisfactorily performing infantry duties; that he is or was assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and that he is or was present with his qualifying infantry unit and actively participated in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the CIB.  However, in order to support award of the CIB, there must be evidence that the member held an infantry MOS, served in a qualifying infantry unit of brigade, regimental, or smaller size and that he was present and participated with that unit when it was engaged in active ground combat with enemy forces.

2.  The evidence of record in this case shows the applicant held and served in primary MOS 63B as a wheeled vehicle mechanic.  There is no evidence of record showing he ever held or served in an infantry MOS while assigned to a qualifying infantry unit during his RVN tour or was present and participated with a qualifying infantry unit while it was engaged in active ground combat.  Accordingly, there is no evidence to confirm he met the eligibility requirements necessary to support award of the CIB.

3.  In addition, the evidence of record fails to show the applicant was awarded the CIB.  Item 41 of his DA Form 20 does not list this award and there are no orders or any other documents on file in his military records to show he was recommended for or awarded the CIB.

4.  In view of the above, 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:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined 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 concerned to know this action related to award of the CIB in no way diminishes the sacrifices made by him in 

service to our Nation.  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)                                         AR20120020683



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ABCMR Record of Proceedings (cont)                                         AR20120020683



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