IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20120022847
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and award of the Combat Infantryman Badge (CIB).
2. The applicant states:
a. The SSN on his DD Form 214 is incorrect. The first three numbers should be "270" not "370" as listed.
b. He feels he earned the CIB and it should have been awarded. He had many duties in Vietnam. He went on sweeps early in his tour. He flew scout observer in helicopters. He drove a jeep for the company commander. He also performed door gunner duty on his helicopter. He believes it was just an oversight that he wasn't awarded the CIB.
3. The applicant provided copies of his DD Form 214 and his social security card.
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. A 28 May 1992 DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) shows his SSN was corrected. This issue will not be further discussed in this record of proceedings. A copy of the DD Form 215 will be provided to him.
3. The applicant was inducted on 2 February 1967. He was awarded military occupational specialty MOS 11B (Light Weapons Infantryman).
4. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) that he served in Vietnam from 1 February to
21 December 1968,
b. item 38 (Record of Assignments) that he was assigned to Troop A,
7th Squadron, 1st Air Cavalry in MOS 11B and 11D, with duties as a light truck driver from 22 February through 15 December 1968; and
c. item 41 (Awards and Decorations) the CIB is not listed.
5. The applicant's DD Form 214 shows he was honorably released from active duty on 21 December 1968 as a specialist four/E-4. He had completed 1 year, 10 months, and 20 days of net active service. His DD Form 214 does not show the CIB listed among his awards.
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; however, there is no evidence to show he engaged in active ground combat while assigned or attached to an infantry unit. 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) AR20120022847
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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