IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130019875
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, in effect, award of the Combat Infantryman Badge (CIB).
2. The applicant states he served with the 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division (Airmobile) during his service in the Republic of Vietnam.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 4 August 1964, the applicant was inducted into the Army of the United States. He entered active duty, completed his initial entry training, and was awarded military occupational specialty (MOS) 76A (Supply Clerk). Following the completion of his initial entry training, he was assigned to Fort Benning, GA.
3. On or about 1 July 1965, he was reassigned to the 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division (Airmobile), at Fort Benning, GA. Soon thereafter, the entire battalion deployed to the Republic of Vietnam.
4. He served in the Republic of Vietnam from on or about 16 August 1965 through 23 July 1966. During this entire period, he was assigned to the
1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division (Airmobile).
5. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served in the following duty MOSs during his period of service in the Republic of Vietnam:
* MOS 76A, performing the duties of a supply clerk, from on or about 16 August through 17 February 1965
* MOS 11B (Light Weapons Infantryman), performing the duties of an ammunition bearer, from on or about 18 February through 18 March 1966
* MOS 76A, performing the duties of a supply clerk, from on or about 19 March through 23 July 1966
6. On 23 July 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 indicates the following:
* Item 3a (Grade, Rate or Rank) indicates he was separated in the rank/grade of specialist four/E-4
* Item 25a (Specialty Number and Title) indicates his MOS at the time of separation was MOS 76A
* Item 26 of his DD Form 214 does not indicate he was awarded the CIB
7. His record is void of documentation that indicates he held an infantry MOS during his period of service in the Republic of Vietnam.
8. Army Regulation 600-8-22 (Military Awards) provides that the CIB is awarded to infantry officers, warrant offices, and enlisted Soldiers who have an infantry MOS, served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size, during such time as the unit was engaged in active ground combat, and who were present with their qualifying infantry unit and participated actively in such ground combat. Combat service or campaign credit alone is not sufficient to award the CIB.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the CIB because he served with the 1st Battalion, 5th Cavalry Regiment in the Republic of Vietnam.
2. The evidence of record shows he was assigned to the 1st Battalion,
5th Cavalry Regiment during his service in the Republic of Vietnam. However, it further shows he held a supply MOS during this same period. There is no evidence in his record and he did not submit any evidence that shows:
* he held an infantry MOS during his service in the Republic of Vietnam
* he was personally present and under hostile fire while performing his assigned infantry duties within his assigned infantry unit, during such time that the unit actively engaged the enemy in ground combat
3. Regretfully, in the absence of evidence to the contrary, there is an insufficient basis for granting the requested relief in this case.
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) AR20130019875
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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