IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140005241
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, in effect, that he:
* was in combat in Vietnam with Special Operations Command and Control North Exploration Company
* sustained over three months of random incoming fire
* estimates the time frame of the action occurred from September 1970 through November 1970
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a citation for the Bronze Star Medal, and an extract of his DA Form 20 (Enlisted Qualification Record).
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 6 January 1969. He completed training and was awarded military occupational specialty (MOS) 64A. He later completed training for MOS 05B (Radio Operator). The highest rank/grade he attained while on active duty was sergeant/E-5.
3. Records show he served in Vietnam from 12 February 1970 to 29 December 1970. While in Vietnam, he was assigned to the Special Operations Command and Control North Exploration Company.
4. His DA Form 20 does not show he was awarded the CIB.
5. On 9 November 1971, he was honorably released from active duty. His DD Form 214 does not show he was awarded the CIB.
6. There are no orders in the available records which show the applicant was awarded the CIB. The applicant's records also do not contain evidence that he was directly involved in ground combat during his service in Vietnam.
7. A citation for the Bronze Star Medal states his rapid assessment and solution of numerous problems inherent in a combat environment greatly enhanced the allied effectiveness against a determined and aggressive enemy.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the CIB was carefully considered.
2. Despite the applicant's argument of serving in combat, there is insufficient substantiating evidence that confirms he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. He may have received incoming fire, but he does not claim to have engaged the enemy.
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:
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 our Nation. 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) AR20140005241
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ABCMR Record of Proceedings (cont) AR20140005241
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