IN THE CASE OF:
BOARD DATE: 19 March 2014
DOCKET NUMBER: AR20130013575
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 the Combat Infantryman Badge (CIB).
2. He states he did not receive the CIB and it's not reflected on his DD Form 214. He served in Vietnam with the 101st Airborne Division in Company C, 1st Battalion, 502nd Infantry. He indicates he was in a firefight for which he should have received the CIB.
3. He provides no documentary evidence in support of his request.
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 5 May 1971, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman) and he was assigned to duty in Vietnam.
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to duty in Vietnam with:
* Company C, 1st Battalion, 502nd Infantry (Airmobile), from 15 November 1971 to 30 January 1972
* Company D, 51st Infantry, from 31 January to 25 June 1972
4. Item 41 (Awards and Decorations) of his DA Form 20 does not show the CIB.
5. On 16 March 1973, he was honorably released from active duty and transferred to the California Army National Guard. His DD Form 214 does not show the CIB.
6. A review of the available records failed to reveal:
* orders awarding him the CIB or documentary evidence indicating such orders were published
* documentary evidence indicating he participated in active ground combat during his service in Vietnam
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:
The evidence confirms the applicant was an infantryman assigned to an infantry unit during his service in Vietnam; however, the evidence does not conclusively show he participated in active ground combat. His own statement is an insufficient basis for awarding the CIB. In the absence of documentary evidence confirming he met the criteria for award of the CIB, there is no basis for granting the 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) AR20130013575
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