IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130015426
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).
2. He states:
* he was told the request for award of the CIB was submitted prior to his departure from Vietnam
* he was released from active duty within weeks of his return from Vietnam so the award was not placed in his military records
3. He provides no additional documents.
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 11 January 1966.
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
a. item 22 (Military Occupational Specialty (MOS)) he was awarded:
(1) primary MOS 64B (Wheel Vehicle Mechanic) on 24 May 1966; and
(2) MOS 11B (Light Weapons Infantryman) on 30 June 1967.
b. item 31 (Foreign Service) he served in Vietnam from 1 December 1966 to 25 November 1967;
c. item 38 (Record of Assignments) while serving in Vietnam he was assigned to Headquarters and Headquarters Company, 3d Battalion, 60th Infantry Regiment on 30 June 1967. He performed duties as a 64B from
1 December 1966 to 29 June 1967, then unknown duties from 30 June 1967 to his departure from Vietnam.
d. item 41 (Awards and Decorations) no entry for the CIB.
4. On 27 November 1967, he was honorably released from active duty. He completed 1 year, 10 months, and 17 days of total active service. The DD Form 214 he was issued at the time does not show the CIB as an awarded or authorized award.
5. There are no orders in the available records that show he was recommended for or awarded the CIB.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the CIB.
7. 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 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 record shows he was assigned to an infantry unit in Vietnam. However, there is no evidence he performed infantry duties while assigned to that infantry unit, or that he was personally present and participated with such a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.
2. In view of the foregoing, there is no 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) AR20130009866
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130015426
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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Further, he states his duties and evidence for the CIB are described in detail in his military record. The CIB is not listed on any of the DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) on file, and there are no orders or other documents in the applicant's record that indicate he was ever recommended for or awarded the CIB during any of his active service periods. Army Regulation 600-8-22 states combat service alone does not qualify a member for the CIB.
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RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 May 2007 DOCKET NUMBER: AR20060015058 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the CIB while serving on active duty. His record is void of...
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The applicant states he served two tours in Vietnam with the 1st Cavalry Division and he should have been awarded the CIB for the time he served as an infantryman. In the applicants case, there is no evidence of record and he did not provide sufficient evidence with his application to show that he actively engaged the enemy in Vietnam while assigned as an infantryman in an infantry unit. Therefore, absent such evidence, there appears to be no basis to award him the CIB at this time.
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Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he held an infantry MOS and he actively...
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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). The applicant's records show he was inducted into the Army of the United States (AUS) on 18 October 1966. _______ _ _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.
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