BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130021782
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states he never received the CIB for his service in Vietnam. He contends that he should have received the CIB based on the many times he was engaged in combat with the enemy while serving in Vietnam.
3. The applicant provides a 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. The applicant was inducted into the Army on 14 May 1968 and he was awarded military occupational specialty (MOS) 12B (Combat Engineer) upon completion of initial entry training.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 31 (Foreign Service), he served in Vietnam from 10 October 1968 to
29 September 1969.
b. Item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Company, 4th Infantry Division while in Vietnam and that he performed duties as a duty Soldier, light truck driver, and as an indigenous personnel supervisor.
c. Item 41 (Awards and Decorations), does not include the CIB.
4. There are no orders or any other evidence in the applicant's available records that show he was awarded an infantry MOS.
5. He was honorably released from active duty on 13 May 1970. His
DD Form 214 does not include the CIB as an authorized award.
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. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. To be entitled to award of the CIB, the evidence must show that an individual held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit.
2. It is also noted he served in an infantry unit during his period of service in Vietnam; however, the evidence of record shows he completed training and he was awarded MOS 12B. The evidence also shows he served in several non-infantry MOS's during his period of service in Vietnam.
3. Based on the foregoing, there is insufficient evidence to support 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) AR20130021782
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ABCMR Record of Proceedings (cont) AR20130021782
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