IN THE CASE OF:
BOARD DATE: 26 February 2015
DOCKET NUMBER: AR20140010061
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) and the Berlin Occupation Medal.
2. The applicant states that he was never awarded the CIB and the Berlin Occupation Medal.
3. The applicant provides no additional documents with his application.
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 serving in the Ohio Army National Guard when he enlisted in the Regular Army on 16 March 1961 for a period of 3 years. On 22 September 1961, he was transferred to Germany where he served with the 16th Infantry
Regiment, 2nd Brigade, 8th Infantry Division and the 2nd Brigade, 26th Infantry Regiment. He reenlisted on 26 January 1962 for a period of 6 years. He was awarded the Army Occupation Medal with Germany clasp for duty in Berlin on 8 August 1963.
3. He departed Germany on 25 October 1963 and was transferred to Fort Riley, Kansas where he again served as an infantryman with the 26th Infantry Regiment. On 3 June 1964, he began working as a cook.
4. On 25 September 1965, he was transferred to Vietnam with his unit for duty as a cook and served there until 8 February 1966 when he was transferred to Oakland Army Base, California where he was discharged.
5. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded the Good Conduct Medal, Army of Occupation Medal (Germany), Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Campaign Medal with Device (1960).
6. The applicant was awarded the Army of Occupation Medal with Germany clasp for his occupation of Berlin which is properly reflected on his DD Form 214. Inasmuch as there is no authorized award for a Berlin Occupation Medal, this subject will not be discussed further in these proceedings.
7. A review of his official records failed to show that the applicant served in combat as an infantryman in Vietnam or that he ever engaged the enemy in such a capacity. His records show that he served as a first cook while in Vietnam.
8. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. 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 applicants contention that he should be awarded the CIB for Vietnam service has been noted and appears to lack merit.
2. The applicants records show that he served with an infantry unit in Vietnam as a first cook. There is no evidence to show that he served as an infantryman or that he engaged the enemy in active combat.
3. Therefore, in the absence of such evidence, there appears to be no basis for granting his request for award of the CIB.
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) AR20140010061
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ABCMR Record of Proceedings (cont) AR20140010061
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