IN THE CASE OF:
BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130012375
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.
2. The applicant states he had his military occupational specialty (MOS) changed to 11B (Light Weapons Infantryman) and served in an infantry unit. However, he was never awarded the Combat Infantryman Badge.
3. The applicant provides:
* Letter from the Cherokee County Veterans Services, dated 25 June 2013
* DA Form 2496-1 (Disposition Form), dated 8 December 1971
* Four Memoranda, dated 14 December 1971, 5 December 1971, 17 December 1971, and 21 December 1971
* 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 12 April 1971. He held MOS 43J (Textile Repairmen) and 11B. The highest rank/grade he attained was specialist four/E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 25 September 1971 to 12 May 1972 and he was assigned to the 58th Infantry Regiment. His DA Form 20 does not list the Combat Infantryman Badge.
4. Special Orders 350, issued by Headquarters, U.S. Army Support Command, Camp Ranh Bay, Vietnam, awarded him the secondary MOS of 11B, effective
16 December 1971.
5. His records do not contain orders awarding him the Combat Infantryman Badge or any evidence that he participated in active ground combat.
6. He was honorably released from active duty on 11 April 1973. His DD Form 214 does not list the Combat Infantryman Badge.
7. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. 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:
The applicant's infantry MOS and service with an infantry unit are not in question. However, there is no evidence in the available records and he did not submit substantiating evidence to show that he participated in active ground combat. In the absence of documentary evidence that conclusively shows he actively participated in ground combat with his infantry unit, 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) AR20130012375
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ABCMR Record of Proceedings (cont) AR20130012375
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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