IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130019447
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) and his marksmanship qualification badges.
2. He states the items are missing from his DD Form 214.
3. He provides no additional evidence.
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 2 March 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).
3. On 18 April 1972, he was honorably released from active duty. His DD Form 214 shows in:
* item 12 (Last Duty Assignment and Major Command) Company A, 1st Battalion, 46th Infantry Regiment, 196th Infantry Brigade, U.S. Army Vietnam
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* item 30 (Remarks) he served in Vietnam from 1 August 1971 to 17 April 1972
4. His military records are void of documentation showing he was awarded the CIB or documentation showing the weapons qualifications he completed during his active duty service. His DA Form 20 (Enlisted Qualification Record), the document used to record authorized awards and weapons qualifications at the time, is not available for review.
5. 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.
6. Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree Expert, Sharpshooter, and Marksman in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified.
DISCUSSION AND CONCLUSIONS:
1. The available records contain no documentary evidence showing the applicant was awarded the CIB. The available records do show the applicant served as an infantryman in an infantry unit in Vietnam; however, there is no documentary evidence showing he participated in active ground combat. In the absence of documentary evidence confirming that he was awarded the CIB or that he met the specified criteria for award of the CIB, there is an insufficient evidentiary basis for correcting his DD Form 214 to show this badge.
2. The available records are void of documentation showing the weapons qualifications he achieved during his active duty service. In the absence of such documentation, there is no basis for correcting his DD Form 214 to show any marksmanship qualification badges.
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 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) AR20130019447
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130019447
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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