IN THE CASE OF:
BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20140002638
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 believes he qualifies for the CIB because he served in Vietnam and he was assigned to an infantry unit 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 of the United States on 2 October 1968 and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) 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 17 March 1969 to
8 May 1969;
b. item 38 (Record of Assignments), he was assigned to the 5th Battalion, 12th Infantry while in Vietnam; and
c. item 41 (Awards and Decorations), the CIB is not included as an authorized award.
4. His available military records are void of orders or any other document that indicates he was recommended for or awarded the CIB.
5. He was honorably released from active duty on 2 October 1970. His DD Form 214 does not include the CIB as an authorized award.
6. 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. The applicant's request for award of the CIB has been carefully considered.
2. The evidence shows he was awarded an infantry MOS and that he served with an infantry unit in Vietnam. However, it does not sufficiently show he engaged in active ground combat while assigned to this unit. In the absence of orders or any other documents indicating he was recommended for or awarded the CIB, there is insufficient evidence for award of the CIB in this case.
3. In view of the foregoing, there is an insufficient evidentiary basis for 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) AR20140002638
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ABCMR Record of Proceedings (cont) AR20140002638
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