IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130009866
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 he was awarded the CIB for combat in support of the forces of the Republic of Vietnam in their struggle against insurgent communist forces.
3. He provides no additional documents.
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
1 July 1964.
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 military occupational specialty (MOS) 64A (Light Vehicle Driver) on 4 August 1964;
b. item 31 (Foreign Service) he served in Vietnam from 7 August 1965 to
22 June 1966;
c. item 38 (Record of Assignments) while serving in Vietnam he was assigned to the 63d Transportation Company (Light Truck) on 7 August 1965 in duty MOS 64A (light truck driver); and
d. item 41 (Awards and Decorations) no entry for the CIB.
4. On 23 June 1966, he was honorably released from active duty. He completed 1 year, 11 months, and 23 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. His record is void of evidence which shows he was awarded an infantry MOS or any orders or other documents indicating he was ever recommended for or awarded the CIB by proper authority while serving in Vietnam.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, failed to reveal any orders for the CIB.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record shows he was exclusively assigned to a transportation unit in Vietnam in MOS 64A. 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 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) AR20130009866
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ABCMR Record of Proceedings (cont) AR20130009866
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