IN THE CASE OF:
BOARD DATE: 13 August 2013
DOCKET NUMBER: AR20130001373
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 that the unit received direct and indirect fire during an operation into Cambodia on 19 April 1971 as evidenced by unit records. He feels he earned the badge due to his combat experience in Vietnam and would like to have it added to his DD Form 214.
3. The applicant 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 25 August 1969 and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) upon completion of initial entry training.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 30 January 1970 to 13 December 1970.
4. Reassignment orders issued by Headquarters, 101st Airborne Division, dated 13 February 1970, show he was being reassigned from Detachment 1, 101st Administration Company (Airmobile), to Company A, 3d Battalion, 506th Infantry, effective 17 February 1970.
5. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned as a cannoneer to Battery C, 5th Battalion, 22d Artillery, in Vietnam. However, his records contain a memorandum from the Assistant Adjutant, Headquarters, 5th Battalion, 22d Artillery, dated 20 April 1970, stating the applicant was not a member of that command and the headquarters had no record of him.
6. The CIB is not included in the list of awards in item 41 (Awards and Decorations) of his DA Form 20.
7. His military records are void of orders or any other document that indicate he was recommended for or awarded the CIB.
8. He was honorably released from active duty on 24 August 1971. The CIB is not listed as an authorized award on his DD Form 214.
9. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to correction of his DD Form 214 to show award of the CIB has been carefully considered.
2. The evidence shows he was awarded an infantry MOS and served with an infantry unit in Vietnam. However, it does not sufficiently show he engaged in active ground combat while assigned to this unit.
3. His military records are void of orders or any other documents that indicate he was recommended for or awarded the CIB. There is simply insufficient evidence to corroborate his contention that his unit received direct and indirect fire while conducting military operations and that he was present during such operations.
4. In view of the foregoing, there is an insufficient evidentiary basis for adding award of the CIB to his DD Form 214 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 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) AR20130001373
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