BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130005317
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 Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam (RVN).
2. The applicant states he was awarded the CIB while at a fire base in the RVN.
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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. Evidence of record shows:
a. On 26 September 1966, the applicant was inducted into the Army of the United States. He completed his initial training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
b. On 17 February 1967, he departed Fort Polk, LA for duty in the RVN.
c. On 14 March 1967, he arrived in the RVN and he was assigned to Troop A, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division with duty as a rifleman on 27 March 1967.
d. On 17 May 1967, he was reassigned within Troop A with duty as a grenadier.
e. On 6 March 1968, he departed the RVN en route to Fort Campbell, KY.
f. On 16 October 1968, he was honorably released from active duty. He completed 2 years of creditable active service. He had attained the rank/grade of private first class (PFC)/E-3.
g. The applicant's DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
3. 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.
4. U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the CIB to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the CIB is not an award for being shot at or for undergoing the hazards of day to day combat." This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows the applicant was awarded an infantryman MOS. He was assigned to a cavalry troop unit within an infantry division. However, the available records do not sufficiently show he ever engaged the enemy in active ground combat.
2. The applicant stated that he had been awarded the CIB while at a fire base in the RVN; however, there are no orders in his available records, and he has not provided any such orders.
3. In view of the foregoing, 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:
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) AR20130005317
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ABCMR Record of Proceedings (cont) AR20130005317
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