IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009907
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 Army Commendation Medal (ARCOM) and Combat Infantryman Badge (CIB).
2. The applicant states he is certain he received the ARCOM and CIB, but his DD Form 214 does not show these awards.
3. The applicant provides his DD Form 214 and ARCOM certificate.
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's records show he was inducted into the Army of the United States on 8 December 1969. After completing basic and advanced individual training he was awarded MOS 11C (Infantry Indirect Fire Crewman).
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
a. item 31 (Foreign Service), he served in Vietnam from 17 August 1970 to 16 August 1971;
b. item 38 (Record of Assignments), while serving in Vietnam he was assigned to:
(1) Company D, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade performing duties as an 11B, Rifleman from 31 August to 2 December 1970 and
(2) Headquarters and Headquarters Company, 1st Battalion, 198th
Infantry Brigade performing duties as an 11B, Rifleman from 3 December 1970 to 11 August 1971.
c. item 41 (Awards and Decorations), no entry for the ARCOM or CIB.
4. On 16 August 1971, the applicant was honorably released from active duty. His DD Form 214 shows he served in Vietnam from 17 August 1970 through 16 August 1971. He had completed 1 year, 8 months, and 9 days of active military service. The DD Form 214 he was issued does not show he was awarded the ARCOM or CIB.
5. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the ARCOM or CIB pertaining to the applicant.
6. He submitted an ARCOM certificate which shows he was awarded the ARCOM for meritorious achievement during the period 1 September to 30 December 1970.
7. Army Regulation 600-8-22 (Military Awards) states the:
a. ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. 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. There is no corroborating evidence, specifically his orders, of record showing he was awarded the ARCOM. Therefore, he is not entitled to have his DD Form 214 corrected to show this award.
2. The applicant's record shows he was assigned to an infantry unit in Vietnam and performed infantry duties while assigned to that infantry unit. However, there is no evidence and he did not provide any evidence that shows he was personally present and participated with such a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.
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) AR20140009907
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ABCMR Record of Proceedings (cont) AR20140009907
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