BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140000182
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) for his combat in Vietnam.
2. He states:
a. He escorted convoys that were involved in ambushes and combat attacks, as well as mines, etc.
b. He was in combat in Vietnam and feels he deserves the CIB or some kind of combat medal for his combat experiences in Vietnam.
c. They changed his military occupational specialty (MOS) when he got to Vietnam to heavy duty truck driver on convoys where they were ambushed
He was also a gunner on the gun trucks on the convoys.
3. He provides photographs.
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 enlisted in the Regular Army on 1 August 1968. He completed basic and advanced individual training and was awarded MOS 71H (Personnel Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 22 (MOSs) he was awarded primary MOS 71H on 13 March 1969.
b. Item 31 (Foreign Service) he served in Vietnam from 14 February 1969 to 13 February 1970.
c. Item 38 (Record of Assignments) he performed duties as a Company Clerk and Heavy Truck Driver in duty MOS 71H and 64B (Heavy Vehicle Driver).
d. Item 38 he was assigned to the 2nd Transportation Company in Vietnam.
e. Item 41 (Awards and Decorations) there is no entry for award of the CIB.
4. His service record does not contain orders showing he was awarded the CIB.
5. He was honorably released from active duty on 12 August 1971. His DD Form 214 doesn't show he was awarded or authorized 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 evidence of record shows the applicant was awarded MOS 71H and he performed duties as a Company Clerk and Heavy Truck Driver while assigned to the 2nd Transportation Company in Vietnam.
2. Based on Army Regulation 600-8-22, award of the CIB requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy.
3. His service record does not contain sufficient evidence that shows he held an infantry MOS or was engaged in active ground combat with the enemy while assigned to his unit in Vietnam. Therefore, there is insufficient evidence to show he met all of the requirements for award of the CIB.
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) AR20140000182
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ABCMR Record of Proceedings (cont) AR20140000182
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