IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130018777
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 the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
a. he had no idea the CIB should have been added to his DD Form 214 while he was on active duty. He first discovered this from a member of the Veterans of Foreign War who pointed out to him that he had an infantry military occupational specialty (MOS), but the CIB was not on his DD Form 214 from advanced individual training at Fort Polk through his tour in Vietnam.
b. he was assigned to an infantry unit in September 1970 so he feels that from that time forward would be the time he earned the CIB.
c. as time passed he became more proud of his accomplishments as a platoon sergeant for Company D, 2nd Battalion, 35th Infantry of the 4th Infantry Division and Company C, 3rd Battalion, 506th Infantry of the 101st Airborne Division from early September 1970 through mid April 1971.
3. The applicant provides:
* Reassignment orders
* orders and citation for the Bronze Star Medal
* orders for the Air Medal
* DD Form 214
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 25 July 1969. He completed his training and was awarded MOS 11B (light weapons infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in duty MOS 11B while assigned to:
* Company D, 2nd Battalion, 35th Infantry from 12 September 1970 to
1 November 1970
* Headquarters and Headquarters Company, 3rd Battalion, 506th Infantry from 12 November 1970 to 9 January 1971
* Company C, 3rd Battalion, 506th Infantry from 10 January 1971 to 23 April 1971
4. On 24 April 1971, he was honorably released from active duty.
5. His DD Form 214 does not show the CIB as an authorized award.
6. There are no orders for the CIB in the available records.
7. Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the CIB.
8. 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:
1. The governing regulation for award of the CIB clearly establishes that the CIB may be 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.
2. The evidence shows the applicant held and served in an infantry MOS while assigned to an infantry company during his assignment in Vietnam. However, there is no evidence of record which shows he served in active ground combat while assigned as a member of an infantry unit of brigade, regimental, or smaller size. As a result, there is insufficient evidence on which to base adding the CIB to his DD Form 214.
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) AR20130018777
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ABCMR Record of Proceedings (cont) AR20130018777
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