IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140005673
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) and Overseas Service Ribbon (OSR).
2. The applicant states he was performing infantry duties, assigned to an infantry unit, and engaged in active ground combat.
3. The applicant provides his DD Form 214 and 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. On 23 October 1968, he was inducted into the Army of the United States. He was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist) and he was advanced to the rank of specialist four/pay grade E-4.
3. He performed duties as an armor reconnaissance specialist in the Republic of Vietnam (RVN) while assigned to Troop B, 1st Squadron, 4th Cavalry, 1st Infantry Division, during the period 15 April 1969 to 17 October 1969.
4. On 19 October 1969, he was honorably released from active duty. He completed 11 months and 27 days of total active service. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
5. His record is void of documentation showing he served in active ground combat or received any decorations for valor or gallantry in combat action during his service in the RVN.
6. 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.
7. Army Regulation 600-8-22 (Military Awards) states the OSR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he served in combat as an infantryman in Vietnam.
2. His record shows he served in a cavalry squadron in an infantry division in Vietnam in duty MOS 11D with principal duties as an armor reconnaissance specialist. However, aside from his own statement, there is no evidence of record to show he ever served in active ground combat. Therefore, there is an insufficient basis upon which to award him the CIB or to add this badge to his DD Form 214 at this time.
3. The OSR was not established until 1981. Therefore, he is not entitled to award of the OSR or to have this award added to his DD Form 214.
4. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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) AR20140005673
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ABCMR Record of Proceedings (cont) AR20140005673
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