IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130011484
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) for his service in the Republic of Vietnam (RVN).
2. The applicant states that he was a pathfinder in the 13th combat Aviation Battalion in 1967 and was with the 336th Assault Helicopter Company in 1967 and 1968. He served in combat units for a year and 18 days as a light weapons infantryman.
3. The applicant provides copies of:
* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Letter from his United States Congressman, dated 10 April 2013 with enclosures
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's records indicate the applicant:
a. was inducted into the Army of the United States on 18 August 1966;
b. held military occupational specialty (MOS) 11B (Light Weapons Infantry; and
c. served in the RVN in MOS 11B from 24 February 1967 to 15 February 1968; and
3. On 11 June 1968, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4, and had completed 1 year,
9 months, and 24 days of creditable active duty service. His DD Form 214, as corrected by multiple DD Forms 215 (Correction to DD Form 214), show his awards as:
* Purple Heart
* Air Medal with Numeral 34 and "V" Device
* Army Commendation Medal with "V" Device
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* RVN Vietnam Campaign Medal with 1960 Device
* RVN Gallantry Cross with Palm Unit Citation Badge
* Aircraft Crewman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
4. 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 military occupational specialty (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 contends that his DD Form 214 should be corrected to show award of the CIB for his combat service in the RVN.
2. The applicant states that he was a pathfinder with the 13th Combat Aviation Battalion in 1967 and was with the 336th Assault Helicopter Company in 1967 and 1968. However, the record does not show he served in active ground combat against the enemy while assigned to an infantry unit.
3. Award of the CIB requires service in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
4. In view of the above, the applicant's request should be denied.
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) AR20130011484
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ABCMR Record of Proceedings (cont) AR20130011484
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