IN THE CASE OF:
BOARD DATE: 9 July 2013
DOCKET NUMBER: AR20130001057
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 the CIB was not on his DD Form 214 at discharge.
3. He provides his DD Form 214.
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 6 October 1969.
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
a. item 22 (Military Occupational Specialty (MOS)) he was awarded primary MOS 71F (postal clerk) on 18 December 1970.
b. item 31 (Foreign Service) he served in Vietnam from 3 September 1970 to 2 September 1971.
c. item 38 (Record of Assignments) he was assigned to the 570th Army Postal Unit from 13 September 1970 to 31 August 1971 for his entire period of service in Vietnam in duty MOS 70A (assistant window clerk).
d. item 41 (Awards and Decorations) no entry for the CIB.
4. On 4 September 1971, he was honorably released from active duty. He completed 1 year, 10 months, and 29 days of total active service. The DD Form 214 he was issued at the time does not show the CIB as an awarded or authorized award.
5. There are no orders in the available records that show he was recommended for or awarded the CIB.
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 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 applicant's record shows he was exclusively assigned to a postal unit in Vietnam in MOS 70A. There is no evidence he was awarded or held an infantry MOS, that he was serving in an infantry MOS while assigned to a qualifying infantry unit, or that he was personally present and participated with such a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.
2. In view of the foregoing, there is no 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 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.
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