IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140007226
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 the Combat Infantryman Badge (CIB).
2. The applicant states his CIB is not listed on his DD Form 214.
3. The applicant does not provide any additional evidence.
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 16 September 1968. He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). The highest rank/grade he attained while on active duty was private first class/E-3.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to duty in Vietnam with 1st Battalion, 28th Infantry Regiment, 1st Infantry Division, from 16 February 1969 to 28 April 1969. His conduct and efficiency during this assignment were rated "unsatisfactory."
4. On 14 March 1969, he received a psychiatric evaluation. The results of this evaluation revealed he had been "in country" 1 month and had not performed any duties because of his "medical condition." He was evaluated orthopedically and neurologically with negative findings.
5. On 3 May 1969, he received a general, under honorable conditions discharge for unsuitability. His DD Form 214 does not show he was awarded the CIB.
6. There are no orders in his available records that show he was awarded the CIB. His records do not contain evidence that shows he was directly involved in ground combat during his military service.
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. The applicant's request for correction his DD Form 214 to show the CIB was carefully considered.
2. His record is void of documentation that shows he was awarded the CIB, his conduct and efficiency during his service in Vietnam were rated "unsatisfactory," and a psychiatric evaluation indicates he did not perform any duties while serving in Vietnam. It is improbable that he would have been awarded the CIB at the time, and there is no evidence that would support doing so now.
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) AR20140007226
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ABCMR Record of Proceedings (cont) AR20140007226
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