IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130003429
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states, while in Vietnam, he held an infantry military occupational specialty (MOS) and he was engaged in combat.
3. The applicant indicated he submitted his Service Personnel Records (201 File) in support of his application. However, no supporting documentation was received with his application.
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 enlisted in the Regular Army on 30 September 1968 and he was awarded MOS 11B (Light Weapons Infantryman) upon completion of initial entry training.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 16 August 1969 to 15 August 1970. Item
38 (Record of Assignments) shows he served with Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry and with B Troop, 1st Squadron, 1st Cavalry while in Vietnam.
4. The CIB is not included in the list of awards in item 41 (Awards and Decorations) of his DA Form 20.
5. His military records are void of orders or any other documents that indicate he was recommended for or awarded the CIB.
6. He was honorably released from active duty on 27 August 1971.
7. 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. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the CIB has been carefully considered.
2. The evidence shows he was awarded an infantry MOS. However, it does not sufficiently show he engaged in active ground combat. Additionally, there is no evidence showing served with an infantry unit of brigade, regimental or smaller size or that he was a member of an infantry platoon while assigned to the 1st Cavalry. Therefore, there is insufficient evidence to show he met the criteria for award of the CIB.
3. Based on the foregoing, there is no basis for granting the 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 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) AR20130003429
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ABCMR Record of Proceedings (cont) AR20130003429
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