BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140014654
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).
2. The applicant states that he was supposed to receive the CIB but it was never awarded. He states that he was assigned to the 59th Land Clearing Company as a dozer operator.
3. The applicant provides two handwritten pages explaining his application and a list of diagnoses made by the Department of Veterans Affairs.
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 applicants records, though somewhat incomplete, show that he enlisted in the Regular Army on 1 July 1966 for a period of 3 years and training as a construction equipment operator. He completed his training and was transferred to Germany for his first assignment.
3. On 22 October 1967, he was honorably discharged for the purpose of immediate reenlistment. He had served 1 year, 3 months, and 21 days of active service. On 23 October 1967, he reenlisted for a period of 3 years and assignment to Vietnam.
4. The applicant was transferred to Vietnam and was assigned to the
59th Engineer (Land Clearing) Company for duty as a bulldozer operator.
5. On 29 June 1970, the applicant was honorably released from active duty (REFRAD) at Fort Belvoir, Virginian due to the expiration of his term of service. The DD Form 214 issued at the time of his REFRAD shows he was awarded the Good Conduct Medal, National Defense Service Medal, Bronze Star Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Purple Heart.
6. A review of the available records failed to show the applicant was ever awarded an infantry military occupational specialty or that he was assigned to an infantry unit.
7. 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 his service in Vietnam has been noted and appears to lack merit.
2. The applicant has failed to show through sufficient evidence submitted with his application and the evidence of record that he served as an infantryman with an infantry unit in combat.
3. Accordingly, 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) AR20140014654
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