IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130009062
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 he meets the criteria to be awarded the CIB based on his infantry military occupational skill (MOS) and his service in an infantry unit in the Republic of Vietnam between 24 October 1968 and 23 October 1969.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. On 3 June 1968, the applicant was inducted into the Army of the United States. He entered active duty, completed his initial entry training, and was awarded MOS 11B (Light Weapons Infantryman).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 24 October 1968 through on or about 23 October 1969. During this period of service, he was assigned to 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade, 23rd Infantry Division (more commonly known as the Americal Division).
4. General Orders Number 9525, issued by Headquarters, Americal Division on 19 September 1969, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period October 1968 through October 1969.
5. General Orders Number 10899, issued by Headquarters, Americal Division on 21 October 1969, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period 1 August 1969 through 13 October 1969.
6. On 2 June 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows the following:
a. His DD Form 214 shows he held MOS 11B at the time of his separation.
b. His DD Form 214 shows he was awarded or authorized the following awards during his period of active military service, including his service in the Republic of Vietnam:
* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
7. His record is void of orders awarding him the CIB. Despite his Bronze Star Medal and Army Commendation Medal orders, his record is void of documentation that shows he was actively engaged in ground combat while serving in the Republic of Vietnam.
8. A review of the Awards and Decorations Computer Assisted Retrieval System, which is an index of general orders issued during the Vietnam era between 1965 and 1973, maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC), failed to reveal any orders pertaining to the applicant that show he was awarded the CIB.
9. 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 (emphasis added). Combat service or campaign credit alone is not sufficient to award the CIB.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the CIB was carefully considered; however, there is insufficient evidence to support his request.
2. His infantry MOS and assignment to an infantry unit while serving in the Republic of Vietnam are not in question; however, there is no evidence, and he did not submit evidence, which shows he was personally present and under hostile fire at such time as his unit actively engaged in ground combat with the enemy. Regretfully, in the absence of the above evidence, award of the CIB cannot be granted 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) AR20130009062
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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