IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130020313
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 while he was in Vietnam he was assigned to an infantry unit, performed infantry duties, cleared villages, was in firefights, and assigned to the 25th Infantry Division in the Quang Tri Province.
3. He provides his 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's records show he was inducted into the Army of the United States (AUS) on 18 October 1966. After completing basic and advanced individual training he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
a. item 31 (Foreign Service) he served in Vietnam from 3 May to June 1967;
b. item 38 (Record of Assignments) while serving in Vietnam he was assigned to Company A, 2d Battalion, 35th Infantry Regiment, 25th Infantry Division and he performed duties as a 11B from an unspecified date until his departure from Vietnam on 7 June 1967; and
c. item 41 (Awards and Decorations) shows no entry for the CIB.
4. On 17 October 1968, he was honorably released from active duty. He completed 2 years 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. 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 and performed infantry duties while assigned to that infantry unit. However, there is no evidence and he did not provide any evidence that shows 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 an insufficient evidentiary 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) AR20130020313
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ABCMR Record of Proceedings (cont) AR20130020313
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