IN THE CASE OF:
BOARD DATE: 26 February 2015
DOCKET NUMBER: AR20140011551
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:
* he should have been issued the CIB for his service in Vietnam
* he was assigned to Troop A, 10th Cavalry Regiment, 4th Infantry Division, as a scout observer
* he was told his CIB was coming, but he never received it
3. The applicant provides a copy 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 9 March 1970 for 2 years. He completed his training and was awarded military occupational specialty (MOS) 11D (armor reconnaissance specialist).
3. His DA Form 20 shows he served in MOS 11D while assigned to Troop A, 1st Squadron, 10th Cavalry, 4th Infantry Division, from 11 August 1970 to 28 July 1971 in Vietnam.
4. On 20 December 1971, he was honorably released from active duty.
5. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the CIB as an authorized award.
6. There are no orders for the CIB in the applicant's available records.
7. Item 41 (Awards and Decorations) of his DA Form 20 does not show the CIB as an authorized award.
8. 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 of brigade, regimental, or smaller size 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 contentions were carefully considered. However, the governing regulation for award of the CIB clearly establishes that the CIB may be awarded to infantry officers and to enlisted and warrant officer persons who have an infantry specialty. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
2. The evidence shows the applicant held and served in an infantry MOS while assigned to Troop A, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division, during his assignment in Vietnam. However, there is no evidence of record which shows he served in active ground combat. Regrettably, there is insufficient evidence on which to base 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 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) AR20140011551
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140011551
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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