IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140005009
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 as an infantryman in Vietnam, lost his leg, and was awarded the Purple Heart; however, he did not receive the CIB.
3. The applicant provides a copy of 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 enlisted in the Regular Army on 2 September 1965 for a period of 3 years. He completed his basic training at Fort Ord, California, his advanced individual training as a pioneer at Fort Leonard Wood, Missouri and his airborne training at Fort Benning, Georgia before being transferred to Fort Campbell, Kentucky.
3. On 12 September 1966, he was honorably discharged for the purpose of immediate reenlistment and on 13 September 1966 he reenlisted for a period of 4 years and transfer to Fort Baker, California. He was transferred to Fort Cronkhite, California and attached to Fort Baker on 26 September 1966.
4. On 15 July 1967, he was transferred to Vietnam for assignment as a wheeled vehicle mechanic with the following units:
* 163rd Transportation Company, during the period 20 July 1967 through 12 November 1967
* Company C, 25th Medical Battalion, during the period 13 November 1967 through 13 December 1967
* Headquarters and Company A, 23rd Medical Battalion, during the period 14 December 1967 through 4 May 1968
* Headquarters and Headquarters Company (HHC), 4th Battalion, 31st Infantry Regiment, during the period 5 May 1968 through 26 June 1968
* Company A, 123rd Aviation Battalion, during the period 27 June 1968 through 28 August 1968
* HHC, 198th Infantry Brigade, during the period 29 August 1968 through 9 November 1968
* Company D, 5th Battalion, 46th Infantry Regiment, during the period 10 November 1968 through 12 January 1969
5. He departed Vietnam on 12 January 1969 and was transferred to Fort Ord, California.
6. On 29 September 1969, he was again transferred to Vietnam for assignment to HHC, 1st Battalion, 52nd Infantry Regiment as a light weapons infantryman. On 28 November 1969, he was transferred to Company B, 123rd Aviation Battalion for assignment as a squad leader in military occupational specialty (MOS) 11B4O.
7. On 13 May 1970, he was seriously wounded when he stepped on a land mine. As a result of those wounds, his left leg was amputated below the knee. He was medically evacuated to Japan, then to Letterman General Hospital in San Francisco, California, where he remained until 16 June 1971, when he was placed on the Temporary Disability Retired List (TDRL).
8. His DD Form 214 issued at the time of his placement on the TDRL shows he was awarded or authorized the Bronze Star Medal, Purple Heart, Air Medal, Vietnam Service Medal, and Vietnam Campaign Medal.
9. On 31 October 1972 he was removed from the TDRL and was permanently retired by reason of permanent disability, effective 1 November 1972, with a 60% disability rating.
10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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 applicants contention that he should have been awarded the CIB for his service in Vietnam has been noted.
2. While he was serving as an infantryman in Vietnam, when he was wounded as a result of enemy action, he was not serving in an infantry unit.
3. The criteria for award of the CIB stipulates that the CIB will be awarded to infantryman serving in infantry units. The applicant was serving in an aviation unit at the time he was wounded.
4. Accordingly, he is not entitled to award of the CIB and there is no basis to grant his request at this time.
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) AR20140005009
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ABCMR Record of Proceedings (cont) AR20140005009
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