IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140002351
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 that he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states he served in Vietnam from December 1968 to July 1969. For 6 months he was assigned as a convoy gunner and was ambushed several times; however, he was never awarded the CIB.
3. The applicant provides a one-page letter explaining his application and 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. The applicant was inducted on 9 July 1968. He completed his one-station unit training as an infantryman at Fort Ord, California and was transferred to Vietnam on 6 December 1968 for assignment to Company D, 51st Infantry Regiment at Cam Ranh Bay. He was attached to the 97th Military Police (MP) Battalion for duty as a security guard.
3. The available records show that on 15 July 1969, the applicant was transferred to the 249th General Hospital in Japan. On 4 August 1969, he was transferred to Clarke Air Force Base Hospital in the Philippines. On 7 October 1969, he was assigned to Okinawa as a duty Soldier. The record is silent as to the cause of his evacuation from Vietnam.
4. On 26 November 1969 he was assigned to Fort Ord and remained there until he was honorably released from active duty (REFRAD) on 8 July 1970 due to the expiration of his term of service (ETS). He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.
5. A review of his official records failed to show that the applicant was awarded the CIB or that he met the criteria for award of the CIB.
6. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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. While the sincerity of the applicants claim that he should be awarded the CIB for his service in Vietnam is not in doubt, he has failed to show through evidence submitted with his application or the evidence of record that he met the criteria for award of the CIB.
2. The applicant was attached to an MP Battalion for duty as a security guard which does not meet the criteria for award of the CIB. Additionally, there is no evidence to show that he engaged the enemy in ground combat while assigned or attached to an infantry unit.
3. Therefore, in the absence of such evidence, there appears to be no basis for granting the applicant's request for the CIB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X__ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20140002351
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ABCMR Record of Proceedings (cont) AR20140002351
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