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ARMY | BCMR | CY2014 | 20140001354
Original file (20140001354.txt) Auto-classification: Denied

		

		BOARD DATE:	 23 September 2014 

		DOCKET NUMBER:  AR20140001354 


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 served in Vietnam from August 1967 through 1968 with Troop A, 1st Squadron, 10th Cavalry, 4th Infantry Division
* his military occupational specialty (MOS) was 11E (Armor Crewman) and he served as a tank loader or vehicle driver
* he was involved in search and destroy missions and four-man reconnaissance missions in the central highlands
* he had numerous contacts with the North Vietnamese Army (NVA) and Viet Cong
* his records show he participated in the Counteroffensive Phase III campaign
* he performed the duties of an infantry Soldier in the jungle since he was attached to the 4th Infantry Division
* he checked with other Soldiers who were in his unit and they received the CIB even though their MOS was 11E
* he was involved in many combat missions and radioed for assistance from the 1st Cavalry gunships, artillery, or jets from "Tonka Bay" to assist with the NVA
* he was awarded the CIB and it was never issued to him

3.  The applicant does not provide any 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.  The applicant enlisted in the Regular Army on 15 July 1966.  He completed training and was awarded MOS 63A (Mechanical Maintenance Helper) on 9 September 1966.  On 31 March 1967, he was awarded MOS 11E.

3.  He served in Vietnam from on or about 29 August 1966 through on or about 28 August 1968.  While in Vietnam, he was assigned to Troop A, 1st Squadron, 10th Cavalry, 4th Infantry Division.

4.  His DA Form 20 (Enlisted Qualification Record) does not show he was awarded the CIB.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned duty MOS 11C (Indirect Fire Crewman) while in Vietnam on 13 September 1967.

6.  His records are void of and he fails to provide evidence showing he was awarded MOS 11C or the CIB.

7.  On 2 October 1969, he was honorably released from active duty.  His DD Form 214 does not show he was awarded of the CIB.

8.  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 (USARV) 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.  The applicant's request for award of the CIB was carefully considered.

2.  The evidence of record shows that during the Vietnam Conflict, only enlisted Soldiers who held and served in an infantry unit in MOS 11B, 11C, 11D, 11F, 11G, or 11H were eligible for award of the CIB.

3.  Although the applicant was assigned duty MOS 11C while in Vietnam, there is no evidence of record that shows he was awarded MOS 11C as his primary, secondary, or additional MOS.  The evidence shows he was awarded MOS 11E as his primary MOS on 13 March 1967.

4.  There is no evidence of record that shows the applicant was awarded the CIB.

5.  Therefore, in view of all of the foregoing, the available evidence is insufficient to support the applicant's request for correction of his records to show award of 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)                                         AR20140001354



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ABCMR Record of Proceedings (cont)                                         AR20140001354



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