BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130015377
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 he was never awarded the CIB and it is his understanding that he should have been in receipt of the award.
3. The applicant provides:
* National Personnel Record Center Letter, dated 25 July 2013
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 February 1971
* DA Form 20 (Enlisted Qualification Record)
* Acknowledgement of Service Obligation
* DD Form 47 (Record of Induction)
* Letter Orders Number 01-1015523, dated 24 January 1979
* DA Form 2627 (Record of Appellate or Other Supplementary Actions Under Article 15, UCMJ), 3 December 1970
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 on 23 February 1971. He completed training as a light weapons infantryman. He arrived in Vietnam on 27 July 1969 and he was assigned to Company A, 3rd Battalion, 8th Infantry, 4th Infantry Division.
3. A review of the available records fails to show that the applicant ever engaged in active ground combat while he was in Vietnam.
4. On 26 July 1970, the applicant departed Vietnam en-route to the U.S. He was honorably released from active duty on 23 February 1971, at the expiration of his term of service. He completed 2 years of total active service.
5. His DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with Device (1960)
6. 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 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's contentions have been noted. His supporting evidence has been considered.
2. Although the applicant held an infantry MOS and was assigned to an infantry unit, there is no evidence in the available record showing he engaged in active ground combat while he was in Vietnam.
3. According to the applicable regulation, to be awarded the CIB a Soldier must have served in active ground combat while he was in the Army. He has submitted insufficient evidence to show he meets the criteria to be awarded the CIB.
4. In view of the foregoing, his 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) AR20130015377
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ABCMR Record of Proceedings (cont) AR20130015377
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