IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140002569
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:
* he was awarded the CIB in April 1968, while he served in Vietnam
* he served with a Reconnaissance Unit as a scout on armored personnel carriers and tanks
* he was involved with numerous firefights including the Tet Counteroffensive on 31 January 1968
3. He provides:
* his DD Form 214
* two website articles
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 enlisted in the Regular Army on
25 November 1966. After completing basic and advanced individual training he was awarded military occupational specialty 11D (Armor Intelligence Specialist).
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
a. item 31 (Foreign Service) he served in Vietnam from 29 July 1967 to on or about 7 August 1968;
b. item 38 (Record of Assignments) while serving in Vietnam he was assigned to:
(1) C Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division from 11 to 13 August 1967 performing duties as an Armor Intelligence Specialist; and
(2) Headquarters and Headquarters Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division from 14 August 1967 to 4 August 1968 performing duties as a Scout Observer.
c. item 41 (Awards and Decorations) shows no entry for the CIB.
4. On 6 August 1968, he was honorably released from active duty. He completed 1 year, 8 months, and 12 days 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. He submitted a website article from:
a. www.military.com, dated 21 January 2014, that shows the 1st Squadron 10th Cavalry Regiment participated in the Tet Counteroffensive; and
b. http://en.wikipedia.org, dated 29 January 2014, wherein he checked the eligibility for award of the CIB and the qualifying conflicts and periods for the award.
7. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. There are three requirements for award of the CIB: the Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
2. In the applicant's case, the evidence of record shows he held an infantry MOS and was assigned to a cavalry unit. While it is true that he served as a scout observer with his cavalry unit, nothing in his records shows he was assigned or attached to an infantry unit and/or present in an infantry unit while the unit engaged in active ground combat.
3. Notwithstanding the applicant's service the criteria for award of the Combat Infantryman Badge has not been satisfied, and he provides no evidence to show he was awarded the Combat Infantryman Badge.
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) AR20140002569
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ABCMR Record of Proceedings (cont) AR20140002569
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