IN THE CASE OF:
BOARD DATE: 12 February 2015
DOCKET NUMBER: AR20140013549
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, in effect, correction of his military service records to show he was awarded the Combat Infantryman Badge (CIB).
2. The applicant states he was assigned to duty in the Republic of Vietnam (RVN) with D Troop, 2nd Squadron, 17th Cavalry Regiment. He states he was present when several Soldiers died on 8 July 1970.
3. The applicant provides a printout of pages from the website Together We Served.
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 27 February 1969, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist). On 1 April 1970, he was honorably discharged. On 2 April 1970, he reenlisted in the Regular Army (RA).
3. The applicants Official Military Personnel File contains few records documenting his service in the RVN.
a. His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign
Service) that he was assigned to duty in the RVN with United States Army Pacific from 25 July 1969 to 1 August 1970.
b. His DD Form 214 for the period ending 1 April 1970 shows in block 12 (Last Duty Assignment and Major Command) that he was assigned to C Troop, 2nd Squadron, 17th Cavalry, 101st Airborne Division when he was discharged to reenlist in the RA.
4. On 23 March 1973, the applicant was honorably released from active duty at the expiration of his term of service in the rank/grade of private/E-2.
5. His record is void of documentation showing he was awarded the CIB.
6. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders for the CIB pertaining to the applicant.
7. The applicant provides pages from the Together We Served website showing he served in the 17th Cavalry Regiment during the 1969 to 1975 timeframe and held MOS 11D.
8. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for 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. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
DISCUSSION AND CONCLUSIONS:
The applicant held MOS 11D and was assigned to C Troop, 2nd Battalion, 17th Cavalry Regiment, in the RVN in 1970. However, there is no evidence of record and he did not submit any substantive evidence that shows he was awarded the CIB or that he served in active ground combat while assigned to this unit. Therefore, there is insufficient evidence to correct his military service records to show he was awarded 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) AR20140003864
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