IN THE CASE OF:
BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20130011248
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:
* as part of a phase down program he was pulled out of the bush and received orders to go back to the world
* it all happened in just a couple days
* he was a grunt with the 1st Cavalry and also a mortar platoon,
1st Battalion, 22nd Infantry
3. The applicant provides a copy of 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. The applicant was inducted into the Army of the United States on 17 March 1971. He was awarded military occupational specialty (MOS) 11B (light weapons infantryman) and later MOS 11C (infantry indirect fire crewman). His DA Form 20 (Enlisted Qualification Record) shows his duty MOS as:
* 11C while he was assigned to Company D, 1st Battalion, 22nd Infantry in Vietnam from 26 August 1971 to 23 January 1972
* 11C while he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 8th Cavalry, 3rd Brigade of the 1st Cavalry Division in Vietnam from 24 January 1972 to 13 April 1972
3. On 14 April 1972, he was honorably released from active duty.
4. His DD Form 214 does not show the CIB as an authorized award.
5. There are no orders for the CIB in the available records.
6. Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the CIB.
7. 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 governing regulation for award of the CIB clearly establishes that the CIB may be 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.
2. The evidence shows the applicant held and served in an infantry MOS while assigned to Company D, 1st Battalion, 22nd Infantry and HHC, 2nd Battalion,
8th Cavalry, 3rd Brigade of the 1st Cavalry Division during his assignment in Vietnam. However, there is no evidence of record which shows he served in active ground combat. Regrettably, there is insufficient evidence on which to base award of the CIB.
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) AR20130011248
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130011248
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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